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 possession of the land until such time as it chose to communicate with them to revoke it, no doubt after first giving them some form of deadline to comply with the formalities. Equally, any reasonable observer would have concluded thus as to the nature and extent of any permission. As at 1994, therefore, the implied licence still ran but upon transfer of the land from the Council to the appellant any implied licence arising by reason of the negotiations is likely to have been revoked by operation of law.
Judges:
Waksman QC J
Citations:
[2008] EWHC 3630 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – BP Properties Ltd v Buckler CA 31-Jul-1987
The putative owner of the paper title wrote to the defendant who occupied the relevant property in October 1974 as follows: ‘Since we wish to help you as much as possible we are prepared to allow you to remain in occupation of the house and garden . .
Cited – London Borough of Lambeth v Rumbelow ChD 25-Jan-2001
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 . .
Cited – Bath and North Somerset District Council v Nicholson ChD 22-Feb-2002
The defendant occupied a house belonging to the claimant Council as a squatter. He undertook various improvements, on occasion assisted by the Council. There were then protracted and sporadic negotiations for a lease between 1982 and 1988 but no . .
Cited – Batsford Estates (1983) Company Ltd v Taylor and Another CA 29-Apr-2005
The company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years.
Held: After serving a . .
Cited – Sandhu and Another v Farooqui and Another CA 3-Mar-2003
A claim to title by adverse possession was made by a purchaser of a flat owned by the defendants who had been let into possession pending completion of the intended sale, which completion never in fact occurred.
Held: Chadwick LJ said: ‘In . .
Cited – Meeruppe Sumanatissa Terunnanse v Warakapitiye Pangnananda Terunnanse PC 23-Jan-1968
Ceylon – A bare licence terminates on the transfer of the licensor’s own title. . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 27 September 2022; Ref: scu.406170