Battersea Freehold and Leasehold Property Company Ltd v Wandsworth London Borough Council: ChD 2 Mar 2001

The tenant of the applicant had occupied land adjacent to the tenanted land and belonging to the council respondent for more than 12 years. The applicant sought to assert that he had acquired possessory title. The tenant had however shared the keys when requested.
Held: The claimants appeal failed. Even if the tenant’s use of the land had not been permissive, in order to establish adverse possession the claimant had to show that its tenant had intended to exclude the whole world at large from the disputed land; The sharing of the keys by the tenant indicated that he had not viewed himself as asserting exclusive possession, by excluding the world at large.


Rimer J


Gazette 17-May-2001

Land, Limitation

Updated: 18 May 2022; Ref: scu.78291