A strip of land had at one point been left aside for an anticipated road widening which never took place. The defendant had eventually obtained a registered possessory title to it. The claimant, owner of a neighbouring plot, now challenged that title and the truth of the statutory declarations which achieved it.
Held: The claim failed. The manner of occupation by the defendant’s predecessors, in the stationing of a mobile cafe on the land, never amounted to taking possession of it. The cafe remained mobile, never being fixed, and the chairs etc were tidied away at night, and the claimant’s predecessors used the land as licencees of the defendant. The land came to be fenced in only later. The claimant had itself financed the defendant’s application for the title. In conclusion, of the last ten years preceding the application the defendant had been in adverse possession.
Judges:
Kitchin J
Citations:
[2011] EWHC 2437 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Powell v McFarlane ChD 1977
Intention to Establish Adverse Possession of Land
A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
Held: Slade J said: ‘It will be convenient to begin by . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 10 September 2022; Ref: scu.444781
