[2024] UKUT 217 (LC)

Fecha: 29-Jul-2024

Conclusions

Disposal

82.

For these reasons the appeal succeeds and I will direct the Chief Land Registrar to give effect to Mr Sagier’s application for registration of the private right of way over the claimed route over Mrs Kaur’s land. If the whole fence is not to be removed it will be necessary either for the original gap to be reinstated or for a gate to be created and a key supplied at least to Mr Sagier.

83.

The usual order in a land registration appeal is that the successful party is entitled to receive their costs from the unsuccessful party. No order has yet been made by the FTT concerning costs. Any application for costs (including in respect of the costs before the FTT) should be made to this Tribunal within 14 days of this decision.

Martin Rodger KC,

Deputy Chamber President

29 July 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.