Kingsmill v Millard: 20 Jun 1855

Parke B set out the doctrine that a tenant acquiring adjoining land by adverse possession acquires it on behalf of his landlord: ‘It is laid down in all the cases – whether the inclosed land is part of the waste, or belongs to the landlord or a third person – that the presumption is, that the tenant has inclosed it for the benefit of his landlord unless he has done some act disclaiming the landlord’s title. . . The encroachment must be considered as annexed to the holding, unless it clearly appears that the tenant made it for his own benefit.’


Parke B


(1855) 11 Exch 313, (1855) 19 JP 661, (1855) 3 CLR 1022, 156 ER 849, [1855] EngR 616, (1855) 156 ER 849




England and Wales

Cited by:

CitedSmirk v Lyndale Developments Ltd ChD 1975
The court considered the doctrine that a tenant acquiring title to land by adverse possession, did so on behalf of hs landlord.
Held: The cases demonstrated that ‘the law . . has got into something of a tangle’, but the doctrine, at least as . .
CitedTower Hamlets v Barrett and Another CA 19-Jul-2005
The defendant tenants appealed an order for them to surrender possession of land which they claimed had been acquired by adverse possession. The buildings, including one which shared a party wall with the building owned by the defendants had been . .
CitedChilds and Another v Vernon CA 16-Mar-2007
The parties disputed the boundary between their properties, alleging various trespasses. The judge ordered a single expert witness. The court had been unable to establish the line of the boundary from the conveyances or the Land Registry plans. . .
Lists of cited by and citing cases may be incomplete.

Land, Limitation, Landlord and Tenant

Updated: 17 May 2022; Ref: scu.228930