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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Wilton Trustees (IOM) Limited v Celia Jessica Campbell (Adverse possession : Adverse possession) [2019] UKFTT 166 (PC) (08 February 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/166.html
Cite as: [2019] UKFTT 166 (PC)
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Decision summary
REF/2018/0100
| Case reference | REF/2018/0100 |
|---|---|
| Date of decision | 08/02/2019 |
| Adjudicator | Mr Owen Rhys |
| Applicant | Wilton Trustees (IOM) Limited |
| Respondent | Celia Jessica Campbell |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Consent |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Consent |
| Decision notes | [2019] UKFTT 166 (PC). Application to remove Respondent’s name as proprietor and substitute Applicant’s. In 2016 Respondent had become registered proprietor (with absolute title) of a small piece of land used as an adjunct to the garden of her then house. It is only accessible through the garden of this house. The application had been based on claimed adverse possession. Applicant argued that Respondent had enjoyed possession of the subject land on the basis of an express licence, which was granted pursuant to a Consent Order made in divorce proceedings between Respondent and her former husband. Applicant was the trustee of a trust in which her former husband had an interest and was the registered proprietor (under a name which was changed after first registration) prior to Respondent’s successful application. Due to a misunderstanding, Applicant had not objected to the application which resulted in Respondent’s registration. HELD that Respondent had enjoyed the subject land under an express licence and since she was no longer in possession (her house having been repossessed by a mortgagee) Applicant’s application was granted. |
| Download decision(s) | [2019] UKFTT 166 (PC) |