Murphy v Parmar (Adverse possession : Adverse possession) [2019] UKFTT 507 (PC) (09 July 2019)

Murphy v Parmar (Adverse possession : Adverse possession) [2019] UKFTT 507 (PC) (09 July 2019)

The applicant was in adverse possession of the land as the house was built in reliance on a promise from the paper title owner, and the applicant's possession continued through the tenant. Proprietary estoppel arose prior to the execution of the trust document, and the applicant's possession was adverse to the paper title owner.

Citation
[2019] UKFTT 507 (PC)
Parties
Applicant: James Murphy; First Respondent: Prabhat Parmar; Second Respondent: Thomas White
Jurisdiction
England and Wales
Judgment Date
09 July 2019
Procedural Posture
Adverse Possession Claim / First Tier Tribunal (property Chamber) Decision
Outcome
Adverse possession claim allowed
Legal Topics
Adverse Possession, Land Subject to Trusts, Landlord and Tenant, Licensor and Licensee, Proprietary Estoppel
Property Law Adverse Possession Land Subject to Trusts Landlord and Tenant Licensor and Licensee Proprietary Estoppel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

James Murphy

Applicant

Prabhat Parmar

First Respondent

Thomas White

Second Respondent

Procedural Posture

Adverse Possession Claim / First Tier Tribunal (property Chamber) Decision

Legal Issues

  1. 1 Whether the applicant was in adverse possession of the land under Schedule 6 Land Registration Act 2002
  2. 2 Whether proprietary estoppel arose in favour of the applicant
  3. 3 Whether the applicant's possession was through a tenant

Ratio Decidendi

The applicant was in adverse possession of the land as the house was built in reliance on a promise from the paper title owner, and the applicant's possession continued through the tenant. Proprietary estoppel arose prior to the execution of the trust document, and the applicant's possession was adverse to the paper title owner.

Court Disposition

Adverse possession claim allowed

Orders

  • Applicant's claim for adverse possession is granted