[2025] UKUT 141 (LC)

In May 2020 Mr Bishop applied to the Land Registry to determine the boundary between the two properties. He asserted that the true line of the boundary was along a line shown on the application plan which was intended to denote the position of the 1949 hedge on the western side of the garden of Beacon Cottage. Mrs Jaques objected to the application which was then referred to the FTT for determination.

Mrs Jaques’ objection was based on three propositions. First, that the boundary shown on the 1949 Conveyance was immediately to the west of the row of pine trees which had existed at that time. Secondly, that the parties’ predecessors in title, Mr Noble and Mrs Dewar, had reached an agreement in 1971 that the land on which the pine trees stood was part of Beacon Cottage and that agreement was binding. And finally, that in any event Mrs Jaques and her predecessors had been in control and exclusive possession of the land now claimed by Mr Bishop for more than 12 years before 13 October 2003 and that, by reason of that adverse possession, if the land was within Mr Bishop’s title he held it on trust for her benefit.