Banerjee (2) Alison Clare Banerjee v (1) Steven Thomas (2) The Vine Market Deeping Limited (Boundary dispute) [2014] UKFTT 990 (PC) (25 October 2013)

Banerjee (2) Alison Clare Banerjee v (1) Steven Thomas (2) The Vine Market Deeping Limited (Boundary dispute) [2014] UKFTT 990 (PC) (25 October 2013)

The Outbuilding lies within the physical boundaries of Courtfield House, has always been accessible only from that property, and was mistakenly included in The Vine's registered title. The register should be altered to reflect the true boundary, as the Respondents are not in possession and no exceptional...

Source-derived case information.

Citation
[2014] UKFTT 990 (PC)
Parties
Applicant: Mr Anjan Kumar Banerjee; Applicant: Mrs Alison Clare Banerjee; Respondent: Mr Steven Thomas; Respondent: The Vine Market Deeping Limited
Jurisdiction
England and Wales
Judgment Date
25 October 2013
Procedural Posture
Boundary Dispute (land Registration) / Final Determination
Outcome
Application granted; register to be altered.
Legal Topics
Boundary Determination, Alteration of Land Register, Mistake in Registration, General Boundaries, Possession
Property Law Land Registration Boundary Determination Alteration of Land Register Mistake in Registration General Boundaries Possession

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Parties

Mr Anjan Kumar Banerjee

Applicant

Mrs Alison Clare Banerjee

Applicant

Mr Steven Thomas

Respondent

The Vine Market Deeping Limited

Respondent

Procedural Posture

Boundary Dispute (land Registration) / Final Determination

Legal Issues

  1. 1 Whether the Outbuilding forms part of Courtfield House or The Vine's registered title
  2. 2 Whether the Land Registry plan contains a mistake requiring alteration
  3. 3 Whether the Applicants have a good paper title to the Outbuilding

Ratio Decidendi

The Outbuilding lies within the physical boundaries of Courtfield House, has always been accessible only from that property, and was mistakenly included in The Vine's registered title. The register should be altered to reflect the true boundary, as the Respondents are not in possession and no exceptional circumstances exist.

Court Disposition

Application granted; register to be altered.

Orders

  • Chief Land Registrar directed to alter the register to reflect the Outbuilding as part of Courtfield House (LL166376) and not The Vine (LL294073).
  • Applicants may recover costs as litigants in person; submissions on costs to be filed by 8 November 2013, Respondents to reply by 22 November 2013.