[2025] UKUT 294 (LC)

The facts are fully and carefully set out in the decision of the FTT, and are not in dispute. In summary, they are as follows. Until 1958, the appellant’s land (“Kingdom Hall”) and the respondent’s land adjacent to it (“Pleasington”) were in common ownership. By a conveyance dated 10 February 1958 one Alan Edward Stewart and his mortgagees conveyed “the Bungalow” (now Pleasington) to Gertrude Mary Stewart, retaining what is now Kingdom Hall (including the car park area). After various intermediate dispositions, Kingdom Hall was conveyed to 4 named trustees of the Telford Oakengates Congregation of Jehovah’s Witnesses on 17 July 1967 as a place of worship, upon express charitable trusts. On 29 May 1997, the appellant obtained unregistered title to Kingdom Hall. Having acquired registered title to Pleasington in tranches between 2014 and 2016, on 10 February 2017 the respondent lodged a caution against first registration over Kingdom Hall. On 12 June 2020, the Congregation assigned its beneficial interest in Kingdom Hall to the appellant. On 11 February 2021, the appellant disputed the existence of the alleged right of way over the car park, and on 12 April 2022 it applied for first registration of title to Kingdom Hall free of any such right. The dispute between the parties was referred to the FTT on 28 July 2023.

Title to the two properties was therefore in common ownership until 10 February 1958; and Kingdom Hall, including its car park, has been held on charitable trusts since 17 July 1967.