Carmarthenshire County Council v Justin Stanley Adams (Alteration and rectification of the register : Alteration and rectification of the register) [2019] UKFTT 18 (PC) (05 November 2018)

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	First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Carmarthenshire County Council v Justin Stanley Adams (Alteration and rectification of the register : Alteration and rectification of the register) [2019] UKFTT 18 (PC) (05 November 2018) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/18.html Cite as: [2019] UKFTT 18 (PC)

Decision summary
REF/2017/0612

Case reference	REF/2017/0612
Date of decision	05/11/2018
Adjudicator	Mr Owen Rhys
Applicant	Carmarthenshire County Council
Respondent	Justin Stanley Adams
Main Category & Sub Category
Category	Alteration and rectification of the register
Sub Category	Alteration affecting the title of land in the possession of a registered proprietor
Secondary Category & Sub Category
Category	Alteration and rectification of the register
Sub Category	Alteration affecting the title of land in the possession of a registered proprietor
Decision notes	[2019] UKFTT 18 (PC). On first registration of pub premises, two small clothes drying areas forming part of two adjoining local authority housing estates had been included by mistake. The mistake was admitted by the Respondent, the owner of the pub, who had acquired the premises in July 2015. The Council applied to alter the register to remove these areas. The evidence was that the pub owner had not been in possession of the disputed areas at the date of his purchase, but had gone into possession by the date of the Council’s application, in October 2016. Since neither fraud nor lack of proper care was alleged, the application had to be decided by reference to Sch. 4 para 6(2)(b) i.e whether “it would for any other reason be unjust for the alteration not to be made”. The register was rectified, since it was held that it would be unjust for the alteration not to be made. A number of competing factors were relied on by each side. Of particular importance was the finding that when the Respondent bought the pub, he knew perfectly well that the disputed areas were used by the Council’s tenants as drying areas, and that he was only able to obtain possession by demolishing boundary walls.
Download decision(s)	[2019] UKFTT 18 (PC)

Case reference

REF/2017/0612

Date of decision

05/11/2018

Adjudicator

Mr Owen Rhys

Applicant

Carmarthenshire County Council

Respondent

Justin Stanley Adams

Main Category & Sub Category

Category

Alteration and rectification of the register

Sub Category

Alteration affecting the title of land in the possession of a registered proprietor

Decision notes

[2019] UKFTT 18 (PC). On first registration of pub premises, two small clothes drying areas forming part of two adjoining local authority housing estates had been included by mistake. The mistake was admitted by the Respondent, the owner of the pub, who had acquired the premises in July 2015. The Council applied to alter the register to remove these areas. The evidence was that the pub owner had not been in possession of the disputed areas at the date of his purchase, but had gone into possession by the date of the Council’s application, in October 2016. Since neither fraud nor lack of proper care was alleged, the application had to be decided by reference to Sch. 4 para 6(2)(b) i.e whether “it would for any other reason be unjust for the alteration not to be made”. The register was rectified, since it was held that it would be unjust for the alteration not to be made. A number of competing factors were relied on by each side. Of particular importance was the finding that when the Respondent bought the pub, he knew perfectly well that the disputed areas were used by the Council’s tenants as drying areas, and that he was only able to obtain possession by demolishing boundary walls.

Download decision(s)

[2019] UKFTT 18 (PC)

First-tier Tribunal (Property Chamber)

Decision summaryREF/2017/0612

Decision summary
REF/2017/0612