DRPS Property Ltd v Residential Marine Ltd & Anor

DRPS Property Ltd v Residential Marine Ltd & Anor

The Disputed Land did not exist prior to 1963 and was created by concrete dumping after that date. It was vested in the Medway Ports Authority by the 1969 Order and could not have been conveyed by the Brice Trust in 1984. There was no mapping error. The Applicant failed to prove entitlement to alteration or rectification of the register.

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
Rectification of the Register, Title Plan Alteration, Mapping Error, Jurisdiction of Tribunal, Conveyancing Interpretation
Land Law Property Law Land Registration Rectification of the Register Title Plan Alteration Mapping Error Jurisdiction of Tribunal Conveyancing Interpretation

Case Brief

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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 alteration
  3. 3 Whether the Brice Trust had title to the Disputed Land in 1984

Ratio Decidendi

The Disputed Land did not exist prior to 1963 and was created by concrete dumping after that date. It was vested in the Medway Ports Authority by the 1969 Order and could not have been conveyed by the Brice Trust in 1984. There was no mapping error. The Applicant failed to prove entitlement to alteration or rectification of the register.

Court Disposition

Application dismissed

Orders

  • Chief Land Registrar directed to cancel the Applicant’s application for alteration of the title plan.
  • Provisional order for Respondents’ costs, with directions for written submissions on costs liability and assessment.