The claimants appealed against a decision of the Adjudicator that they had not acquired a piece of their neighbour’s land by adverse possession, on the basis that their use had been by virtue of an oral licence. The judge had found the occupation to be insufficient to demnstrate exclusion of others from the land.
Held: The appeal failed. The issue was whether the acts of possession asserted constituted a sufficient degree of exclusive control, and was not whether the claimants had done everything they might be expected to do. That was the test applied by the Adjudicator. The factual conclusions were justified on the evidence.
Judges:
Vos J
Citations:
[2009] EWHC 3145 (Ch)
Links:
Statutes:
Land Registration Act 2002, Limitation Act 1980 15(1)
Jurisdiction:
England and Wales
Citing:
Cited – Powell v McFarlane ChD 1977
Intention to Establish Adverse Possession of Land
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: ‘It will be convenient to begin by . .
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 – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 29 August 2022; Ref: scu.384069
