[2025] UKUT 110 (LC)

Case No: LC-2024-472

APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL PROPERTY CHAMBER

FTT Ref: 2022/0720

27 March 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LAND REGISTRATION – ADVERSE POSSESSION – factual possession – narrow strip of unbuilt land between two buildings both secured by applicant – used for storage but not enclosed on one side – whether applicant had sufficient control of the whole to be in factual possession of the unbuilt land – appeal allowed

BETWEEN:

PAUL RICHARD KIRKMAN

Appellant

-and-

BRADSHAW PUB COMPANY LIMITED

Respondent

Land on the South Side of Well Heads,

Thornton, Bradford BD13 3SJ

Martin Rodger KC,

Deputy Chamber President

Determination on written representations

© CROWN COPYRIGHT 2025

The following cases are referred to in this decision:

J A Pye (Oxford) Ltd v Graham [2003] UKHL 30, [2003] AC 419

Pilford v Greenmanor Ltd [2012] EWCA Civ 756

Powell v McFarlane (1977) 38 P & CR 6 452

Roberts v Swangrove Estates Ltd [2007] EWHC 513 (Ch), [2007] 2 P & CR 17