UTLC LC-2022-533 - [2023] UKUT 167 (LC)

This appeal arises out of an application to HM Land Registry by the respondent, Mr Boag, for determination of the exact boundary between land in his registered title and land in the registered title of his neighbour, the appellant, Mr Farrow. The application was made on 21 June 2019 under section 60, Land Registration Act 2002 (the 2002 Act) and was opposed by Mr Farrow. It was referred by the Registrar to the First-tier Tribunal, Property Chamber (the FTT) for determination.

Mr Boag’s property comprises a house and gardens at 2 St Austin’s Grove, Sheringham, Norfolk, and is registered with title no. NK177701. Mr Farrow’s land is a proposed development site lying immediately to the west of Mr Boag’s, and is registered with title no. NK418177 under the description Land on the North side of St Austin’s Grove, Sheringham.

On 14 June 2022, after a contested hearing, the FTT (Judge Michell) directed the Chief Land Registrar to give effect to Mr Boag’s application for the exact line of the boundary between the two titles to be determined in accordance with a plan prepared by Survey Solutions as if Mr Farrow’s objection had not been made. Mr Farrow now appeals against that order with the permission of this Tribunal. It appears that the Land Registry has already acted on the order and Mr Farrow therefore seeks an order for the deletion of the relevant entries in the two titles.

At the hearing of the appeal Mr Farrow was represented by Mr Andrew Gore, who had also appeared before the FTT. Mr Boag represented himself, as he too had previously done. I am grateful to them both for their submissions.