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Conclusions
Disposal
By reason of the 1971 Memorandum, the title to North Lodge which Mr Bishop acquired in May 1992 did not include the strip of land on which the row of pine trees had previously stood. His application to determine the boundary in a position which would incorporate that strip of land into his title therefore could not succeed and his appeal against the FTT’s dismissal of his application fails. If the Chief Land Registrar has not yet given effect to the FTT’s direction to cancel Mr Bishop’s application, he should now do so.
In a land registration appeal the successful party is usually entitled to recover their costs from the unsuccessful party. Mrs Jaques is the successful party in this appeal and should be entitled to her costs unless there is some good reason to make a different order. If Mr Bishop wishes to make submissions on the form of order I should make he may do so within 14 days of the date on which this decision is sent to him.
Martin Rodger KC
Deputy Chamber President
9 May 2025
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.