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England and Wales decisions
Decisions matching the current search
The Tribunal held that the applicant did not consent to the restriction on her title and directed its removal. The respondent’s claim of written or oral consent failed.
The Tribunal held that a 1973 express right of way over registered land had not been abandoned and remained binding as a pre-2002 overriding easement.
Read & Anor v Fidler (Easement - right of way - express grant - overriding interest - abandonment) [2026] UKFTT 455 (PC) (24 March 2026)
The tribunal held that a 1973 express right of way had not been abandoned and still bound the respondent’s title as a pre-2002 overriding interest.
Dhillon v Orchard & Anor [2026] EWCA Civ 346 (23 March 2026)
Court of Appeal held that FSMA section 26 recovery rights do not extend to successors in title, and allowed the appeal.
Denno & Anor v White & Anor (Determined boundary - general boundaries - finding as to location of boundary - construction of conveyance - extrinsic evidence) [2026] UKFTT 453 (PC) (19 March 2026)
The tribunal dismissed a determined boundary application over West Colleton and Little Colleton, finding the boundary lay at the midpoint of a stream.
The Tribunal determined a land boundary dispute under the Land Registration Act 2002, found the boundary lay at the eastern edge of Derwent Terrace, and cancelled the DB application.
The tribunal allowed an adverse possession application over a small parcel of unregistered land adjoining The Cottage, finding sufficient possession, intention, and demarcation.
White & Anor v Fromant & Anor (adverse possession - sufficiency of acts - equivocal acts - demarcation - permission) [2026] UKFTT 450 (PC) (11 March 2026)
The tribunal allowed an adverse possession claim over a small parcel of unregistered land adjoining the Whites’ cottage, finding factual possession, intention to possess, and no proven permission.
Gowdy v Leysan (Adverse possession of registered land - Whether Applicant entitled to make the application - Whether Applicant can show ten year's possession by himself and his successors in title - Whether intention to possess - Schedule 6 para 5 - First Condition - Whether Equity by Estoppel - Whether binding on Respondent - How equity to be satisfied - Third Condition) [2026] UKFTT 451 (PC) (11 March 2026)
The tribunal allowed Mr Gowdy's adverse possession application for a strip of land at Bramley Road, holding he and his predecessors had possessed it for over ten years.
Pickering & Anor v Mensforth [2026] UKFTT 449 (PC) (11 March 2026)
The Tribunal held that the boundary was fixed by the 1950 conveyances at the eastern edge of Derwent Terrace, and cancelled the Applicants’ boundary application.
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