Cairns LJ said: ‘The authorities make it clear that what constitutes possession of any particular piece of land must depend upon the nature of the land and what it is capable of use for: see, for example, Tecbild Ltd v Chamberlain (1969) 20 P and CR 633, at p 641. I am quite satisfied that between 1945 and 1964 the only profitable use of this land was for shooting. Our attention was drawn by Mr Cullen, on behalf of the defendant, to the Privy Council case of Cadija Umma and Anr v S Don Manis Appu [1939] AC 136, where, as appears at p 140, cutting the grass was treated as possession in relation to the particular piece of land. So here I think that the learned judge was quite right to treat the shooting activity as constituting possession.’
Waller LJ said: ‘But, in my view, it is clear from the authorities that when considering what is required to amount to possession the court should look at the nature of the land which is being considered, and, as I see it, if the only purpose for which the land can be used is for shooting, and that is the actual use made in this case by the defendant, then that is an act of possession which is quite sufficient for the judge to draw the inferences which he did.’
Judges:
Cairns LJ, Waller LJ
Citations:
[1977] 1 EGLR 125
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts v Swangrove Estates Ltd and Another ChD 14-Mar-2007
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
Cited – The Port of London Authority v Ashmore CA 4-Feb-2010
The Port sought to register ownership of the river bed and tidal foreshore. The defendant’s boat had been moored at a wharf, and he claimed adverse possession. The court was asked whether it was possible to acquire any title by adverse possession to . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 05 May 2022; Ref: scu.267351