The company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years.
Held: After serving a notice to quit the owner did not take any further steps to obtain possession, even after Mr Taylor had moved back into the farmhouse in February 1986: ‘In my judgment, although it may not be possible to point to some overt act by the Estate from which permission can be inferred, the matters relied upon by Mr Morshead certainly constitute demonstrable circumstances from which the inference can be made… Further, it is clear that a reasonable person (who must be assumed to have knowledge of the material facts) would have appreciated that Mr Taylor’s occupation was with the permission of the Estate.’
and ‘A permission to occupy land can only be implied if it is communicated by words or conduct. At all events in the context of adverse possession, that submission cannot be correct. Once communicated, the permission would cease to be implied and become express. The concept of a communicated implied permission is difficult, if not impossible, to comprehend.’
Judges:
Sir Martin Nourse, Gage and Pill LLJ
Citations:
[2005] EWCA Civ 489, [2005] EGLR 12
Links:
Statutes:
Limitation Act 1980 Sch 1 8(4)
Jurisdiction:
England and Wales
Cited by:
Cited – Hicks Developments Ltd v Chaplin and others ChD 5-Feb-2007
The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The . .
Cited – Totton and Eling Town Council v Caunter and Another ChD 11-Jun-2008
The council appealed against an award by the adjudicator of title by adverse possession in favour of the respondents.
Held: The appeal succeeded. On any sensible analysis from the Council’s perspective, the Caunters were entitled to remain in . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation
Updated: 29 June 2022; Ref: scu.224499
