March 2019
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Facey v Bedford BC; LRA 17 Nov 2014

References: [2014] EWLandRA 2014_0022
Links: Bailii
LRA As a result of misrepresentations by the Respondent and errors by the Land Registry in reliance on those representations, the Respondent was registered in 1998 not only as proprietor of land to which it had title, but of adjoining land to which it had no title and which was in the possession at the time of the Applicants, who were not given any opportunity by the Land Registry to object to the Respondent’s application. Part of the land in the possession of the Applicants had been in their possession since the summer of 1991, so that a possessory title had been obtained prior to the coming into force of the Land Registration Act 2002 in October 2003, but part had only been occupied by them after October 1991 but before the Respondent obtained its registered title. The Applicants applied under the transitional provisions to be registered with a possessory title of the whole of the land occupied by them. The Respondent objected that as the title was registered, there was no right to succeed in respect of that part of the land which had only been possessed after October 1991.
Held that the Chief Land Registrar should be directed to cancel the Respondent’s registration insofar as it affected all the land in the possession of the Applicants and to give effect to the Applicants’ application for a possessory title.
Last Update: 02-Oct-15 Ref: 552842

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