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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Michelle Sorrell Smith v (1) Douglas Chapman (2) Tracy Ann Chapman (Alteration and rectification of the register) [2019] UKFTT 721 (PC) (28 October 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/721.html
Cite as: [2019] UKFTT 721 (PC)
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| Case reference | REF/2018/0794 |
|---|---|
| Date of decision | 28/10/2019 |
| Adjudicator | Mr Owen Rhys |
| Applicant | Michelle Sorrell Smith |
| Respondent | (1) Douglas Chapman (2) Tracy Ann Chapman |
| Main Category & Sub Category | |
| Category | Alteration and rectification of the register |
| Sub Category | Correcting a mistake |
| Secondary Category & Sub Category | |
| Category | Alteration and rectification of the register |
| Sub Category | Correcting a mistake |
| Decision notes | [2019] UKFTT 721 (PC) Application to alter the register by removing a small area of land from the Respondent-s title on the basis that the title plan for their property had contained an error from first registration. The transfer had included a right of way over the vendor-s retained land over -the access way the approximate position of which is shown coloured brown on the plan --- The evidence established that the access way was wrongly depicted on the plan, as a result of which a larger area had been included within the Respondent-s title than was intended. Having considered the pre-registration title documents, in the light of the surrounding physical circumstances, HELD that the application should succeed and the title was altered. R was not in possession so Sch.4 para 6 did not come into play. |