[2025] UKUT 144 (LC)

Title to registered land in England and Wales depends upon the register, not upon deeds. Nevertheless the register can be altered if it contains a mistake, and sometimes pre-registration deeds can be evidence of a mistake on the register. This appeal is about what amounts to proof of such a mistake.

The appeal arises from an application made to HM Land Registry by the respondent, Mr Iwaskiewicz, to alter the register of title to his property, 4 Beancroft Road, Bedford, and to the property of the appellant Mr Suhitharan, number 2 Beancroft Road, by removing a garage and driveway (“the disputed land”) from the title to number 2 and including the disputed land in the title to number 4. The appellant objected and the matter was referred to the First-tier Tribunal pursuant to section 73 of the Land Registration Act 2002. The FTT found that there was a mistake on the register and directed the registrar to give effect to the application.

Mr Suhitharan appeals with the permission of this Tribunal. He was represented in the appeal by Mr Harrison Denner, and the respondent by Mr Mattthew Feldman, both of counsel; I am grateful to them both.