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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Brian Bernard Arrigoni v Barbara Edgarda Maude Hawkins (Adverse possession : Adverse possession) [2019] UKFTT 719 (PC) (14 October 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/719.html
Cite as: [2019] UKFTT 719 (PC)
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Decision summary
REF/2019/0021
| Case reference | REF/2019/0021 |
|---|---|
| Date of decision | 14/10/2019 |
| Adjudicator | Ms Ann McAllister |
| Applicant | Brian Bernard Arrigoni |
| Respondent | Barbara Edgarda Maude Hawkins |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Landlord and tenant/Licensor and licensee |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Landlord and tenant/Licensor and licensee |
| Decision notes | [2019] UKFTT 719 (PC). Applicant had been granted a tenancy of a first floor flat in 1986. It was common ground that he stopped paying rent at the latest in 1993. Possession proceedings against him were compromised in 2002 on the basis that the parties would use reasonable endeavours to execute a 99 year lease on agreed terms. The lease has never been agreed. In 2004 the Applicant applied to register the freehold title of the flat in his name on the grounds that he had acquired title by adverse possession. It was then held that the parties were bound by the compromise in the court proceedings. On this, further application HELD that, as both parties still treated the agreement reached in the court proceedings as effective, and neither had repudiated it, the Applicant occupied the flat as a tenant at will. Accordingly his application failed. |
| Download decision(s) | [2019] UKFTT 719 (PC) |