Nazir and another (appellants) v Begum (respondent)
Wednesday 9 April 2025
By Appellant’s Notice filed on 3 April 2024, the Appellants appeal against an order made by Freedman J, a substantive order dated 21 February 2024 granting the Respondent’s application for relief from sanctions and dismissing the Appellants’ appeal.
The background is that this is a second appeal concerning whether the Respondent was in adverse possession of land. A person is not regarded as being in adverse possession of an estate when the estate is subject to a trust. Since the Appellants’ father died intestate and letters of administration were taken out during what would otherwise be the period, the issue arising was whether the reference to a trust (in schedule 6 para 12 Land Registration Act 2002) includes a situation of a statutory trust under s 33 Administration of Estates Act 1925.
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