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Boundaries and adverse possession.

The editor of this section of the site is Samantha Jackson of 1 Chancery Lane, London.

Adverse Possession

Boundaries

Souaissi v Tingle [2017] UKFTT 637 (PC)

Summary

Successful application for a disputed strip of land based on adverse possession where the successful applicant and her predecessor in title had held the disputed land in equity and the legal owner had held the disputed strip on a bare trust only.

Relevant statutory provisions

Paragraph 5(4) Schedule 6 of the Land Registration Act 2002 provides:
    (c) for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him…
Facts

The ownership of a disputed side passage of the Applicant's (A’s) house arose between neighbours. The Applicant bought a house (no. 27) and was registered as proprietor in 1987. The disputed path was already in existence before she moved in but on purchase there was a failure to notice that there was a slight kink in the physical boundary to allow for a path to the side of the extension at 27, rather than a straight line, which is what the Respondents contended for at the Tribunal. A’s predecessor (B) made a statutory declaration explaining that after he purchased no. 27 he wanted to build a side extension. As the local planning authority required a side passage (for access for dustbins etc.) he negotiated to buy a strip of land from his neighbour (Jess) who was the Respondent’s (R’s) predecessor. At the time of the transaction the neighbouring property (no. 1 ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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