Terence Bates v Dalton Piercy Parish Council (Alteration and rectification of the register : Alteration and rectification of the register) [2019] UKFTT 110 (PC) (17 January 2019)

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	First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Terence Bates v Dalton Piercy Parish Council (Alteration and rectification of the register : Alteration and rectification of the register) [2019] UKFTT 110 (PC) (17 January 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/110.html Cite as: [2019] UKFTT 110 (PC)

Decision summary
REF/2017/1149

Case reference	REF/2017/1149
Date of decision	17/01/2019
Adjudicator	Mr Max Thorowgood
Applicant	Terence Bates
Respondent	Dalton Piercy Parish Council
Main Category & Sub Category
Category	Alteration and rectification of the register
Sub Category	Mistake
Secondary Category & Sub Category
Category	Alteration and rectification of the register
Sub Category	Mistake
Decision notes	[2019] UKFTT 110 (PC). Applicant sought alteration of the Parish Council’s title to a Village Green to exclude various tracks over it, which gave access to properties abutting the Green, from the title. He claimed that whilst the tracks had formed part of the land subject to the initial provisional registration pursuant to the Common Registration Act 1965, an objection by the Highways Authority to exclude them had subsequently been upheld. The position had become confused by failures on the part of the Registration Authority to retain some relevant documentation and its consequent inability to give clear and consistent answers to the Applicant’s requests that it should explain the position. However, upon careful consideration of the register and what was the register map, it was clear that upon the true construction of the register and map the tracks had not been excluded from the registration and it was the Green as registered which had subsequently been vested in the Parish Council upon the determination of an enquiry by the Commons Commissioner. Accordingly, there was no mistake on the register.
Download decision(s)	[2019] UKFTT 110 (PC)

Case reference

REF/2017/1149

Date of decision

17/01/2019

Adjudicator

Mr Max Thorowgood

Applicant

Terence Bates

Respondent

Dalton Piercy Parish Council

Main Category & Sub Category

Category

Alteration and rectification of the register

Sub Category

Mistake

Decision notes

[2019] UKFTT 110 (PC). Applicant sought alteration of the Parish Council’s title to a Village Green to exclude various tracks over it, which gave access to properties abutting the Green, from the title. He claimed that whilst the tracks had formed part of the land subject to the initial provisional registration pursuant to the Common Registration Act 1965, an objection by the Highways Authority to exclude them had subsequently been upheld. The position had become confused by failures on the part of the Registration Authority to retain some relevant documentation and its consequent inability to give clear and consistent answers to the Applicant’s requests that it should explain the position. However, upon careful consideration of the register and what was the register map, it was clear that upon the true construction of the register and map the tracks had not been excluded from the registration and it was the Green as registered which had subsequently been vested in the Parish Council upon the determination of an enquiry by the Commons Commissioner. Accordingly, there was no mistake on the register.

Download decision(s)

[2019] UKFTT 110 (PC)

First-tier Tribunal (Property Chamber)

Decision summaryREF/2017/1149

Decision summary
REF/2017/1149