Martin John Brown & Anor v Paul Bernard Fleuriot & Anor

Martin John Brown & Anor v Paul Bernard Fleuriot & Anor

The Applicants and their predecessors were in adverse possession of the Shed from the 1980s, extinguishing the paper title owner's rights before first registration in 2014. The registration of the Shed as part of Number 4 was a mistake. The Applicants' interest was an overriding interest binding the Respondents. The...

Source-derived case information.

Parties
Applicant: Martin John Brown; Applicant: Gillian Brown; Respondent: Paul Bernard Fleuriot; Respondent: Elaine Rose-Fleuriot
Jurisdiction
England and Wales
Judgment Date
16 January 2026
Procedural Posture
Land Registration Reference / Post Hearing Decision With Directions for Final Order
Outcome
Application allowed (subject to representations on the proposed order)
Legal Topics
Adverse Possession, Alteration of Register, First Registration, Mistaken Registration, Overriding Interests
Property Law Land Registration Adverse Possession Alteration of Register First Registration Mistaken Registration Overriding Interests

Source-derived case record

Summary, issues, holding and outcome

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Parties

Martin John Brown

Applicant

Gillian Brown

Applicant

Paul Bernard Fleuriot

Respondent

Elaine Rose-Fleuriot

Respondent

Procedural Posture

Land Registration Reference / Post Hearing Decision With Directions for Final Order

Legal Issues

  1. 1 Whether the Applicants have acquired title to the Shed by adverse possession
  2. 2 Whether the application is valid under Schedule 6 or Schedule 12 of the Land Registration Act 2002
  3. 3 Whether the register should be altered to correct a mistaken first registration under Schedule 4

Ratio Decidendi

The Applicants and their predecessors were in adverse possession of the Shed from the 1980s, extinguishing the paper title owner's rights before first registration in 2014. The registration of the Shed as part of Number 4 was a mistake. The Applicants' interest was an overriding interest binding the Respondents. The register should be altered to remove the Shed from Number 4 and register the Applicants as proprietors with absolute title. There are no exceptional circumstances justifying refusal of alteration.

Court Disposition

Application allowed (subject to representations on the proposed order)

Orders

  • Parties given 28 days to make written representations on the proposed order to alter the register and register the Applicants as proprietors of the Shed with absolute title.
  • If no objections, Chief Land Registrar to remove the Shed from Number 4 and register the Applicants as first proprietors with absolute title.