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 an area being the footprint of the boat.
Held: As matters had developed, it had become agreed that occupation by a boat might amount to adverse possession. Whether that would amount to sufficient in this case was for the court at first instance to decide. Case remitted.
Longmore, Richards LJJ, Sir John Chadwick
[2010] EWCA Civ 30, [2010] 1 All ER 1139, [2010] NPC 14
Bailii
England and Wales
Citing:
Cited – Powell v McFarlane ChD 1977
A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner.
Held: Slade J said: ‘In the absence of evidence to the . .
Cited – Red House Farms (Thorndon) Ltd v Catchpole CA 1977
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 . .
Appeal From – Port of London Authority v Ashmore ChD 8-May-2009
The defendant sought to assert adverse possession of land through the long time mooring of his boat at a wharf. . .
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 – Buckinghamshire County Council v Moran CA 13-Feb-1989
The parties’ respective properties were separated by a fence or hedge and the true owner had no access to the disputed land. In 1967 the Defendants’ predecessors in title began to maintain the land by mowing the grass and trimming the hedges and . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – Denaby and Cadeby Main Collieries v Anson 1911
A right of public navigation includes the necessary incidents of such passage including the right to drop an anchor. In principle it is possible to acquire title to part of the bed of a tidal river or to the foreshore through the occupation of a . .
These lists may be incomplete.
Updated: 14 June 2021; Ref: scu.396601 br>