||All England Reporter
|| All ER (D) 57 (Feb)
|| EWHC 141 (Ch)
||Galina Ward (instructed by Pitman solicitors) for the claimants.
||Aaron Walder (instructed by Rokeby Johnson Baars LLP) for the defendant.
||5 February 2007
Limitation of action - Land - Adverse possession - Claimant successfully claiming title to strip of land by adverse possession - Whether adjudicator giving sufficient reasons for decision - Whether adjudicator's conclusion correct in respect of issue of whether defendant giving claimants permission to occupy land in question.
Adverse possession was commonly, indeed typically, achieved during periods of non-objection or acquiescence by the land owner. The question was whether 'permission was in fact given', either expressly or by necessary implication. As with other cases where the question was whether something should be implied, it was not enough that the overt acts or demonstrable circumstances were consistent with there having been permission. They should be probative of it.
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