Cunliffe v Makin (Proceeding in absence of party - adverse possession) [2025] UKFTT 1154 (PC) (15 September 2025)

Applicant failed to discharge the burden of proving 12 years' adverse possession by October 2021 due to insufficient and inconsistent evidence; Tribunal properly proceeded in applicant's absence as interests of justice required.

Citation: [2025] UKFTT 1154 (PC)
Parties: Applicant: David Anthony Cunliffe; Respondent: Daniel Makin
Jurisdiction: England and Wales
Judgment Date: 15 September 2025
Procedural Posture: Land Registration Reference (adverse Possession) / Final Determination
Outcome: Application for first registration cancelled; applicant failed to prove adverse possession.
Legal Topics: Adverse Possession, First Registration, Unregistered Land, Proceeding in Absence

Property Law Land Registration Adverse Possession First Registration Unregistered Land Proceeding in Absence

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2

Parties

David Anthony Cunliffe

Applicant

Daniel Makin

Respondent

Procedural Posture

Land Registration Reference (adverse Possession) / Final Determination

Legal Issues

1 Whether the applicant proved 12 years' adverse possession of unregistered land by October 2021
2 Whether the Tribunal should proceed in the absence of the applicant

Ratio Decidendi

Court Disposition

Application for first registration cancelled; applicant failed to prove adverse possession.

Orders

Land Registry directed to cancel applicant's application for first registration.
Parties invited to apply for costs in writing within specified timeframes.