[2025] UKUT 204 (LC)

This is an appeal against an order of the First-tier Tribunal (“the Order”) dated 30^th October 2024, by which the First-tier Tribunal (“the FTT”) ordered the Chief Land Registrar to cancel the Appellant’s application for registration of the benefit and burden of an easement claimed by the Appellant.

The easement claimed by the Appellant (“the Disputed Easement”) related to part of a car park, in the ownership of the Respondent, known as Lower Point Car Park, Teignmouth, Devon. The Disputed Easement comprised an alleged right, acquired by prescription, to store boats and related equipment on the relevant part of the car park, and to carry out maintenance on the boats, every year during the period from 1^st October through to 31^st May.

The Appellant applied for registration of the benefit and burden of the Disputed Easement on 14^th September 2021. For the reasons set out in a decision dated 30^th October 2024 (“the Decision”) the FTT decided that the Appellant had failed to establish the Disputed Easement and accordingly, by the Order, directed the cancellation of the Application.

The Appellant appeals against the Order with the permission of the Upper Tribunal (Lands Chamber) granted on 24^th February 2025.

On the hearing of this appeal (“the Appeal”) Mr Petts, counsel, appeared for the Appellant. Mr Ball, counsel, appeared for the Respondent. I am grateful to both counsel for their assistance, by their submissions, in my determination of the appeal.

References to Paragraphs in this decision, without more, are references to the paragraphs of the Decision. Italics have been added to quotations.