Austin Pickering & Anor v Rita Mensforth

Austin Pickering & Anor v Rita Mensforth

The boundary between the Applicants’ and Respondent’s land was fixed by the 1950 conveyances and is at the eastern edge of Derwent Terrace as it existed on 11 May 1950. The plan filed with the application does not accurately plot this boundary; therefore, the Chief Land Registrar must cancel the Applicants’ application.

Parties
Applicant: Austin Pickering; Applicant: Sharon Pickering; Respondent: Rita Mensforth
Jurisdiction
England and Wales
Judgment Date
11 March 2026
Procedural Posture
Land Registration Boundary Determination / Final Judgment
Outcome
Application cancelled; boundary determined at eastern edge of Derwent Terrace as at 11 May 1950.
Legal Topics
Boundary Determination, Conveyancing History, Land Registration Act 2002, Land Registration Rules 2003
Property Law Land Registration Boundary Determination Conveyancing History Land Registration Act 2002 Land Registration Rules 2003

Case Brief

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Parties

Austin Pickering

Applicant

Sharon Pickering

Applicant

Rita Mensforth

Respondent

Procedural Posture

Land Registration Boundary Determination / Final Judgment

Legal Issues

  1. 1 Where is the exact boundary between the Applicants’ and Respondent’s land?
  2. 2 Is the boundary accurately plotted on the plan filed with the application?
  3. 3 Should the Chief Land Registrar alter the register or cancel the application?

Ratio Decidendi

The boundary between the Applicants’ and Respondent’s land was fixed by the 1950 conveyances and is at the eastern edge of Derwent Terrace as it existed on 11 May 1950. The plan filed with the application does not accurately plot this boundary; therefore, the Chief Land Registrar must cancel the Applicants’ application.

Court Disposition

Application cancelled; boundary determined at eastern edge of Derwent Terrace as at 11 May 1950.

Orders

  • Chief Land Registrar to cancel the Applicants’ application.
  • Directions to be given for parties to make submissions as to costs.