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First-tier Tribunal (Property Chamber) |
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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Michael Robin Smith v (1) Euan Stewart Kennedy (2) Shuna MacKinnon Dickson (Adverse possession : Adverse possession) [2019] UKFTT 720 (PC) (10 October 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/720.html Cite as: [2019] UKFTT 720 (PC) |
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| Case reference | REF/2018/0792 |
|---|---|
| Date of decision | 10/10/2019 |
| Adjudicator | Mr Andrew Bruce |
| Applicant | Michael Robin Smith |
| Respondent | (1) Euan Stewart Kennedy (2) Shuna MacKinnon Dickson |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Common land |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Factual possession |
| Decision notes | [2019] UKFTT 720 (PC) Application for first registration of a parcel of land which had, since 1962, formed part of the garden of one of a pair of cottages and on which a pond had stood. Objection that part of the parcel had been registered as a village green under the Commons Registration Act 1965. HELD that the village green did not include any part of the land claimed and that the Applicant had established his title by adverse possession. The Applicant’s acts of keeping fish in the pond, maintaining the hedge around the pond, planting symbolic trees around the pond to commemorate family births and ultimately filling-in the pond in 1996 sufficiently evidenced his factual possession. |
| Download decision(s) | [2019] UKFTT 720 (PC) |
