| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 57 (Feb) |
| Neutral Citation: | [2007] EWHC 141 (Ch) |
| Court: | Chancery Division |
| Judge: | Briggs J |
| Representation | Galina Ward (instructed by Pitman solicitors) for the claimants. |
| Aaron Walder (instructed by Rokeby Johnson Baars LLP) for the defendant. | |
| Judgment Dates: | 5 February 2007 |
Catchwords
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.
The Case
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.
Practice Areas
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