Decision summary
REF/2007/1276

Case reference REF/2007/1276
Date of decision 31/07/2008
Adjudicator Mr Michael Mark
Applicant Ronald Cecil Dickenson & Dorothy May Dickenson
Respondent Longhurst Homes Limited
Main Category & Sub Category
Category Adverse possession
Sub Category Applications under Schedule 6 to the Land Registration Act 2002
Secondary Category & Sub Category
Category Adverse possession
Sub Category Landlord and tenant/Licensor and licensee
Decision notes Adverse possession. Application under schedule 6 of the Land Registration Act 2002. Failure clearly to require in form NAP that the matter is dealt with under paragraph 5 of that schedule precludes the paper owner from seeking to rely on paragraph 5 thereafter. Applicants went into possession of land adjoining their home, which they owned. They then sold their home and took a leaseback as tenants. Held, applying London Borough of Tower Hamlets v Barrett, [2006] 1 P&CR 9, that the applicants’ occupation was thereafter as an accretion to their tenancy, and that if anybody was entitled to apply to be registered with a possessory freehold title, it was the applicants’ landlord.
Download decision(s) 2007.1276.Dickenson v Longhurst Homes.decision.doc 2007.1276.Dickenson v Longhurst Homes.decision.doc  

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