Sokolowski v Together Commercial Finance Ltd & Ors [2025] UKFTT 1450 (PC) (11 November 2025)

Sokolowski v Together Commercial Finance Ltd & Ors [2025] UKFTT 1450 (PC) (11 November 2025)

Registration of Third Respondent as proprietor was a mistake caused by fraud; subsequent transfer and legal charge registrations are consequences of that mistake and must be rectified to restore Applicant as proprietor; no exceptional circumstances justify not rectifying the register; Applicant was in possession at relevant time.

Citation
[2025] UKFTT 1450 (PC)
Parties
Applicant: Stanislaw Sokolowski; First Respondent: Together Commercial Finance Ltd; Second Respondent: Mato Homes Ltd; Third Respondent: Peter Petrovics
Jurisdiction
England and Wales
Judgment Date
11 November 2025
Procedural Posture
Land Registration Rectification Reference / Final Judgment
Outcome
Rectification granted; Applicant reinstated as registered proprietor; Respondents' applications for registration refused
Legal Topics
Rectification, Mistake, Fraud, Legal Charge, Transfer of Title
Property Law Land Registration Rectification Mistake Fraud Legal Charge Transfer of Title

Case Brief

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Parties

Stanislaw Sokolowski

Applicant

Together Commercial Finance Ltd

First Respondent

Mato Homes Ltd

Second Respondent

Peter Petrovics

Third Respondent

Procedural Posture

Land Registration Rectification Reference / Final Judgment

Legal Issues

  1. 1 Whether registration of Third Respondent as proprietor was a mistake due to fraud
  2. 2 Whether subsequent transfer and legal charge registrations should be rectified
  3. 3 Whether Second Respondent was in possession for purposes of Schedule 4, Land Registration Act 2002

Ratio Decidendi

Registration of Third Respondent as proprietor was a mistake caused by fraud; subsequent transfer and legal charge registrations are consequences of that mistake and must be rectified to restore Applicant as proprietor; no exceptional circumstances justify not rectifying the register; Applicant was in possession at relevant time.

Court Disposition

Rectification granted; Applicant reinstated as registered proprietor; Respondents' applications for registration refused

Orders

  • HM Land Registry to rectify the register to restore Applicant as proprietor
  • Applications for registration of transfer to Second Respondent and legal charge to First Respondent refused