The court considered what would constitute permission to occupy land so as to destroy a claim for adverse possession. Etherton J said: ‘In order to establish permission in the circumstances of any case two matters must be established. Firstly, there must have been some overt act by the land owner or some demonstrable circumstances from which the inference can be drawn that permission was in fact given. It is, however, irrelevant whether the users were aware of those matters . . Secondly [it must be established that] a reasonable person would have appreciated that the user was with the permission of the land owner.’
Judges:
Etherton J
Citations:
Unreported 25 Jan 2001
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: 13 July 2022; Ref: scu.248381
