DRPS Property Ltd v Residential Marine Ltd & Anor (ALTERATION - title plan - mapping error - rectification - extent of referred matter) [2025] UKFTT 1092 (PC) (10 September 2025)

DRPS Property Ltd v Residential Marine Ltd & Anor (ALTERATION - title plan - mapping error - rectification - extent of referred matter) [2025] UKFTT 1092 (PC) (10 September 2025)

The Tribunal found that the Disputed Land did not exist prior to 1968 but arose as a result of tipping activities after 1963. Therefore, it could not have been conveyed to the Applicant’s predecessor-in-title in 1984. The Applicant failed to prove a mapping error in the title plan. The Tribunal accepted jurisdiction over both Registered and Unregistered Land but found no basis for rectification.

Citation
[2025] UKFTT 1092 (PC)
Parties
Applicant: DRPS Property Ltd; First Respondent: Residential Marine Ltd; Second Respondent: Aquarius (Medway) Ltd
Jurisdiction
England and Wales
Judgment Date
10 September 2025
Procedural Posture
Land Registration Reference / Final Decision After Full Hearing
Outcome
Application dismissed
Legal Topics
Alteration of Title Plan, Mapping Error, Rectification, Extent of Referred Matter
Property Law Land Registration Alteration of Title Plan Mapping Error Rectification Extent of Referred Matter

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Parties

DRPS Property Ltd

Applicant

Residential Marine Ltd

First Respondent

Aquarius (Medway) Ltd

Second Respondent

Procedural Posture

Land Registration Reference / Final Decision After Full Hearing

Legal Issues

  1. 1 Whether the Disputed Land existed prior to 1968 and could be conveyed in 1984
  2. 2 Whether there was a mapping error in the title plan justifying rectification
  3. 3 Whether the Tribunal has jurisdiction over both Registered and Unregistered Land

Ratio Decidendi

The Tribunal found that the Disputed Land did not exist prior to 1968 but arose as a result of tipping activities after 1963. Therefore, it could not have been conveyed to the Applicant’s predecessor-in-title in 1984. The Applicant failed to prove a mapping error in the title plan. The Tribunal accepted jurisdiction over both Registered and Unregistered Land but found no basis for rectification.

Court Disposition

Application dismissed

Orders

  • No alteration or rectification of the title plan is to be made.
  • The application for rectification is refused.