Traynor & Anor v Charu Investments Ltd & Ors [2025] UKFTT 1084 (PC) (29 August 2025)

Traynor & Anor v Charu Investments Ltd & Ors [2025] UKFTT 1084 (PC) (29 August 2025)

The applicants demonstrated exclusive factual possession and intention to possess the land for over 10 years, and the respondent failed to establish that the trust over the land fell within the exception in Schedule 6 paragraph 12; therefore, the applicants are entitled to be registered with possessory title.

Citation
[2025] UKFTT 1084 (PC)
Parties
Applicant: Alan Samuel Traynor; Applicant: Mary Louise Traynor; First Respondent: Charu Investments Limited; Second Respondent: Frederick Gerald Westcott; Third Respondent: Louisa Elizabeth Jane Westcott
Jurisdiction
England and Wales
Judgment Date
29 August 2025
Procedural Posture
Land Registration Reference (adverse Possession) / First Tier Tribunal Determination
Outcome
Application allowed; objection dismissed.
Legal Topics
Adverse Possession, Trusts and Beneficial Interests, Land Registration Act 2002 Schedule 6
Property Law Land Registration Adverse Possession Trusts and Beneficial Interests Land Registration Act 2002 Schedule 6

Case Brief

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Parties

Alan Samuel Traynor

Applicant

Mary Louise Traynor

Applicant

Charu Investments Limited

First Respondent

Frederick Gerald Westcott

Second Respondent

Louisa Elizabeth Jane Westcott

Third Respondent

Procedural Posture

Land Registration Reference (adverse Possession) / First Tier Tribunal Determination

Legal Issues

  1. 1 Whether the applicants were in adverse possession of the land for at least 10 years prior to their application
  2. 2 Whether the property was subject to a trust within the meaning of Schedule 6 paragraph 12 of the Land Registration Act 2002, thereby precluding adverse possession

Ratio Decidendi

The applicants demonstrated exclusive factual possession and intention to possess the land for over 10 years, and the respondent failed to establish that the trust over the land fell within the exception in Schedule 6 paragraph 12; therefore, the applicants are entitled to be registered with possessory title.

Court Disposition

Application allowed; objection dismissed.

Orders

  • Chief Land Registrar directed to give effect to the application as if the objection had not been made.
  • Preliminary order for costs in favour of the applicants, subject to further submissions.