Success for Paul Lakin in Property Tribunal
August 7, 2025
Paul recently successfully represented a client in the Property Chamber of the First Tier Tribunal in respect of a claim of encroachment against her landlord.
Interestingly, the tribunal found that the correct basis of encroachment (in line with Paul’s submissions) was not limitation but that it was “its own separate doctrine which is akin to an estoppel“.
However, having come to that conclusion, the tribunal applied a 12-year period for factual occupation.
However, of particular interest to practitioners in this area is that the Tribunal confirmed that the proper application to make to the Land Registry in these circumstances was an application to alter the register (AP1) and not, as suggested in the Land Registry Guide 4 an application for first Registration based on adverse possession (FR1).
Paul was instructed by Clare Castillo of Blacks Solicitors.
For full judgment see link below.
