David Anthony Cunliffe v Daniel Makin

David Anthony Cunliffe v Daniel Makin

Applicant failed to prove exclusive factual possession and intention to possess the land for at least 12 years prior to the application; evidence and witness statements contradicted applicant's assertions, and burden of proof was not discharged.

Parties
Applicant: David Anthony Cunliffe; Respondent: Daniel Makin
Jurisdiction
England and Wales
Judgment Date
15 September 2025
Procedural Posture
Land Registration Dispute / Final Judgment
Outcome
application dismissed
Legal Topics
Adverse Possession, First Registration, Unregistered Land, Tribunal Procedure
Property Law Adverse Possession First Registration Unregistered Land Tribunal Procedure

Case Brief

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Parties

David Anthony Cunliffe

Applicant

Daniel Makin

Respondent

Procedural Posture

Land Registration Dispute / Final Judgment

Legal Issues

  1. 1 Whether the applicant proved 12 years of adverse possession over the land by the date of application
  2. 2 Whether the applicant was entitled to first registration of the land

Ratio Decidendi

Applicant failed to prove exclusive factual possession and intention to possess the land for at least 12 years prior to the application; evidence and witness statements contradicted applicant's assertions, and burden of proof was not discharged.

Court Disposition

application dismissed

Orders

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