Terence Frederick Greensmith & Anor v Mavis Dulcie Butler & Anor

Facts

The applicants, Mr and Mrs Greensmith, own 22 Northside, one of a row of eight houses in the fens east of Peterborough. The property was conveyed to the first applicant in 1978 and transferred into joint names by a deed of gift in 1983. In January 2024 they applied for first registration, relying on the plan attached to a 1966 conveyance. The respondents are the registered proprietors of the neighbouring house, 21 Northside. The first respondent, Mrs Butler, bought it by a conveyance dated 11 March 1960, which granted express rights of way over a rear pathway and a roadway. The third respondent's interest arose from an equity release agreement. The first respondent objected to the application, and the matter was referred to the Tribunal. A series of orders narrowed the dispute. By the hearing there was no objection to first registration as such. The only live issue was her claim to have acquired, by long use, an easement to park on the open area beside number 22, together with an ancillary right of way. The applicants filed no evidence. The third respondent filed a statement but told the Tribunal it had no first-hand knowledge and would be bound by the outcome. The judge carried out a site inspection on 1 September 2026 and heard the case the following day.