UTLC LC-2022-000705 - [2023] UKUT 141 (LC)

In this case the Appellant is seeking the removal of a restriction from the registered freehold title to the property known as The Carlton Tavern, Carlton Vale, London NW6 5EU (“the Property”).

The Appellant is the registered freehold proprietor of the Property. The Respondent was the sole director and owner of a company called GPS Entertainment Limited (“GPS”). GPS was the tenant of the Property pursuant to a lease dated 18^th October 2010.

The restriction (“the Restriction”) was entered against the registered title to the Property on 7^th August 2015, apparently pursuant to what was described as a payment agreement, dated 8^th April 2015, and expressed to be entered into between the Appellant, GPS and the Respondent.

The application for removal of the Restriction (“the Application”) was originally made to HM Land Registry, by application notice dated 23^rd June 2020. The Respondent objected to the removal of the Restriction. The Application was therefore referred by the Land Registry to the Property Chamber (Land Registration Division) of the First-tier Tribunal (“the FTT”).

The Application was heard in the FTT, before Judge Max Thorowgood (“the Judge”), on 4^th – 6^th May 2022. For the reasons set out in his decision dated 13^th September 2022 (“the Decision”), the Judge concluded that the Appellant was not entitled to have the Restriction removed. By an order of the same date (“the Order”), the Judge directed the Chief Land Registrar to cancel the Application.

With the permission of the Judge, the Appellant appeals against the Decision and the Order. Directions for the hearing of the appeal (“the Appeal”) were given on 3^rd January 2023. Pursuant to those directions the Appeal is to be heard by way of review.

At the hearing of the Appeal Ms Lyne, counsel, appeared for the Appellant. The Respondent appeared in person. I am most grateful to Ms Lyne and to the Respondent for their submissions on the issues raised by the Appeal. This is my decision on the Appeal.