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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Isca Investments Limited v Subramaniam Uthayakumar (Adverse possession : Adverse possession) [2019] UKFTT 724 (PC) (25 November 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/724.html
Cite as: [2019] UKFTT 724 (PC)
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Decision summary
REF/2018/1091
| Case reference | REF/2018/1091 |
|---|---|
| Date of decision | 25/11/2019 |
| Adjudicator | Ms Ann McAllister |
| Applicant | Isca Investments Limited |
| Respondent | Subramaniam Uthayakumar |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Landlord and tenant/Licensor and licensee |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Factual possession |
| Decision notes | [2019] UKFTT 724 (PC). The company applied to be registered as owner of the strip of land to the south of the fence shown as part of the Respondent’s title. Application under the transitional provisions on the (agreed) basis that a fence between the parties' respective plots did not represent the true original boundary. HELD that the fence had been in place since 1988, and that the Applicant had established adverse possession. The Respondent argued unsuccessfully that adverse possession could not be acquired through the company’s tenants. |
| Download decision(s) | [2019] UKFTT 724 (PC) |