Thomas & Anor v Wade & Anor (Alteration and rectification - Schedule 4 Land Registration Act 2002 - "correction of a mistake" - previously determined boundary - adverse possession of previously unregistered land) [2026] UKFTT 17 (PC) (19 December 2025)

Parties

Procedural Posture

Land Registration Alteration and Rectification / Final Determination After Hearing

Legal Issues

1. 1 Whether the determined boundary entry made in 2017 was a mistake under Schedule 4 Land Registration Act 2002
2. 2 Whether the Applicants acquired title to the disputed land by adverse possession prior to first registration of Respondents' title
3. 3 Whether rectification of the register should be ordered to remove the determined boundary entry

Ratio Decidendi

The determined boundary entry made in 2017 was a mistake because it included land and structures to which the Respondents' title had been limitation-barred by adverse possession since 1988. The Applicants had exclusive possession and use of the staircase structure and associated land for over 22 years prior to Respondents' first registration. Rectification must be granted to remove the determined boundary entry, reverting the titles to general boundaries only.

Court Disposition

Application for rectification granted; determined boundary entries cancelled; titles revert to general boundaries only.

Orders

• Registrar to cancel determined boundary entries on both titles NK121816 and NK402000.
• Registrar to reject any future determined boundary application by the Applicants unless agreed by Respondents or Tribunal consents upon application.