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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Murphy v Parmar (Adverse possession : Adverse possession) [2019] UKFTT 507 (PC) (09 July 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/507.html
Cite as: [2019] UKFTT 507 (PC)
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Decision summary
REF/2018/0526
| Case reference | REF/2018/0526 |
|---|---|
| Date of decision | 09/07/2019 |
| Adjudicator | Mr Ian Clarke Q,C. |
| Applicant | James Murphy |
| Respondent | (1) Prabhat Parmar (2) Thomas White |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Land subject to trusts |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Landlord and tenant/Licensor and licensee |
| Decision notes | [2019] UKFTT 507 (PC). Adverse possession claim under Schedule 6 Land Registration Act 2002. The land was the site of a house built by the Applicant. Held that the house had been built in reliance on a promise from the paper title owner (Second Respondent) that the Applicant could have the site. The house was let to the First Respondent once built. Sometime after most of the building work had been done, the paper title owner signed a document the effect of which was to make him trustee of the site for the Applicant. The Judge found on the facts that the tenant was tenant of the Applicant and so the Applicant was in possession by the tenant. The Judge found that the equity by estoppel had arisen prior to the paper title owner executing the trust document. The possession of the Applicant was adverse. An analogy was drawn with Bridge v Mees [1957] 1 Ch 475. |
| Download decision(s) | [2019] UKFTT 507 (PC) |