[2024] UKUT 14 (LC)

Case No: LC-2023-261

ON APPEAL FROM THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT Ref: 2021/0117

The Rolls Building

7 Rolls Buildings

Fetter Lane

London

EC4A 1NL

23^rd January 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LAND REGISTRATION – ADVERSE POSSESSION - the identity of the period of ten years referred to in paragraph 5(4)(c) of the Schedule 6 to the Land Registration Act 2002 – appeal against decision of the First-tier Tribunal determining that the period can be any period of ten years during the relevant period of adverse possession – whether the question determined by binding Court of Appeal authority – decision that the relevant Court of Appeal authority was not obiter but binding on the Upper Tribunal (notwithstanding the contrary view of the Upper Tribunal on the question) – appeal allowed – cross appeal against findings of the First-tier Tribunal in relation to the reasonable belief of the Respondents as to their ownership of the disputed land – permission to appeal not required for the cross appeal, but cross appeal dismissed on the substantive ground that there was no basis for challenging the relevant findings of fact made by the First-tier Tribunal

BETWEEN:

ALISTDAIR BARCLAY BROWN

Appellant

-and-

RICHARD JOHN RIDLEY (1)

SARAH LOUISE RIDLEY (2)

Respondents

Land at Moonrakers,

The Promenade,

Consett,

County Durham,

DH8 5NJ

The Chamber President, Mr Justice Edwin Johnson

5^th December 2023

Stephanie Tozer KC and Brynmor Adams instructed by DWF Law LLP for the Appellant

Simon Goldberg KC instructed by EMG Solicitors Limited for the Respondents

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Zarb v Parry [2011] EWCA Civ 1306 [2012] 1 WLR 1240

IAM Group plc v Chowdery [2012] EWCA Civ 505 [2012] 2 P.&C.R. 13

R (Kadhim) v Brent London Borough Council Housing Benefit Review Board [2001] QB 955

Thamesdown Borough Council v Goonery (unreported – 13^th February 1995: Court of Appeal (Civil Division) Transcript No 147 of 1995)

Young v Bristol Aeroplane Co Ltd [1944] KB 718

Singh v Dass [2019] EWCA Civ 360

Crook v Zurich Assurance Limited [2023] UKFTT 00230 (PC)

R (O) v Secretary of State for the Home Department: R (Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 [2023] AC 255

Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg [1975] AC 591

Wilkinson v Farmer [2010] EWCA Civ 1148

BP Properties Ltd v Buckler (1988) 55 P. & C.R.

Hepworth v Powell [2018] UKFTT 0058 (PC)

Haringey LBC v Ahmed [2017] EWCA Civ 1861 [2018] H.L.R. 9

Re Sprintroom Ltd [2019] EWCA Civ 932 [2019] B.C.C. 1031