[2024] UKUT 57 (LC)

In June 2019 Mr Brian Larman, the appellant, applied to HM Land Registry for registration of title to a small triangle of land, entirely enclosed within the walls of his garden, of which he claimed to have been in adverse possession since he bought his property, High Elms, in 1998. The respondents are the registered proprietors of the disputed triangle, and it is registered as part of their property, Sutton Hall Farm. They objected to the appellants’ application, and the dispute was referred to the First-tier Tribunal pursuant to section 77(3) of the Land Registration Act 2002.

The FTT found that the appellant has been in adverse possession of the triangle since at least 2003. But title to the triangle is registered, and the respondents required it to be dealt with under paragraph 5 of Schedule 6 to the 2002 Act. Therefore in order to be registered the appellant has to show that one of the three conditions in that paragraph apply. He argued that the third condition applies; the triangle lies on the boundary of his property and he has believed for at least ten years of the period of adverse possession ending on the date of the application that the triangle is his.

The judge found that although the appellant had that reasonable belief until 2007 he has not had it since then, and for that reason directed the registrar to cancel the appellant’s application. The appellant appeals, with permission from this Tribunal.

The appellant has not been legally represented. The respondents provided written representations in response to the application for permission; they have chosen not to participate in the appeal but I refer to them as the respondents for brevity. Sadly Mr Gerald Linzell passed away on 10 February 2024.