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England and Wales decisions
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Ashrafi & Anor v Belmont Green Finance Ltd [2025] EWHC 3247 (Ch) (15 December 2025)
The High Court dismissed an appeal against a possession order, holding the appellants could not assert an overriding interest, invoke s.36 AJA 1970, or defeat the lender’s security by merger.
The tribunal dismissed an adverse possession claim over a disputed path, finding the path was jointly owned under a 1967 assent and that the applicant was not in actual occupation.
Keates v Durham (adverse possession - transitional provisions - overriding interests - actual occupation - shared owners) [2025] UKFTT 1458 (PC) (28 November 2025)
The tribunal dismissed an adverse possession claim over a strip of land in Derby, holding the path was jointly owned and, in any event, the applicant was not in actual occupation.
The Tribunal held the 2021 lease was genuine and should be registered, but the parking easement granted by it did not bind the transferee of the servient land.
Dhami v Western Property (London Road) Ltd & Anor (First registration of lease - whether lease genuine - grant of leasehold easements- whether easements binding on transferee of servient land from receivers) [2025] UKFTT 1158 (PC) (22 September 2025)
The Tribunal allowed registration of a 2021 lease but held that easements in it, including a parking right, did not bind the transferee of the adjoining land.
MTF (NH) Ltd v Hevedi & Anor [2025] EWHC 1013 (Ch) (02 May 2025)
The High Court held that the second defendant was not in actual occupation of the property on the relevant date, and the claimant mortgagee was entitled to possession.
The second defendant was not in actual occupation of the Property on the Relevant Date, either personally or through agency, and did not manifest a continuing intention to occupy. Even if occupation had been established, it would not have been obvious on inspection. The mortgage takes priority over any alleged beneficial interest due to the second defendant's conduct in vesting legal title in the first defendant and failing to notify limitations.
Source excerpt
Baylis & Anor v Haider & Ors [2024] EWHC 187 (Ch) (01 February 2024)
The High Court rejected claims to undo a property sale and restore the register, held the transfer to Mr Haider effective, upheld Together’s charge, and found solicitor negligence.
The High Court held that D2’s claims to a beneficial interest under a trust were barred as abuse of process, while finding the equitable leases were backdated but not similarly barred.
Pennistone Holdings Ltd v Rock Ferry Waterfront Trust [2021] EWCA Civ 1029 (09 July 2021)
The Court of Appeal held that Pennistone was not in actual occupation of the land through its caretaker, so its equitable interest did not bind Rock Ferry.
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