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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Ray James Dowse (2) Kathleen Dowse v City of Bradford Metropolitan District Council (Adverse possession : Adverse possession) [2019] UKFTT 728 (PC) (15 November 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/728.html Cite as: [2019] UKFTT 728 (PC) |
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| Case reference | REF/2018/1072 |
|---|---|
| Date of decision | 15/11/2019 |
| Adjudicator | Ms Ann McAllister |
| Applicant | (1) Ray James Dowse (2) Kathleen Dowse |
| Respondent | City of Bradford Metropolitan District Council |
| 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 | Applications under Schedule 6 to the Land Registration Act 2002 |
| Decision notes | [2019] UKFTT 728 (PC). Application for adverse possession of a large area of land between a row of houses and a railway line with access over part of the land to some allotments. The Applicants claimed to have taken possession on purchasing the one of the houses backing onto the land in 1975 and possession has continued up to date. The claim was made under Schedule 6 to the 2002 Act.. The use of the land was for occasional grazing and storage of equipment. HELD on the facts that there had been no exclusive possession before 2002 (the land was accessible, and used by others) but that exclusive possession had been taken of the land by fencing it from 2002 onwards. However, and in any event, the Applicants could not bring themselves within any of the three conditions set out in paragraph 5 so the claim failed. |
| Download decision(s) | [2019] UKFTT 728 (PC) |