Source: All England Reporter
Publisher Citation: [1999] All ER (D) 55
Court: Court of Appeal, Civil Division

Peter Gibson, Robert Walker and Tuckey LJJ

Representation Timothy Bowles and Robert Clay (instructed by Lovell White Durrant) for the plaintiff.
  Robin Purchas QC and Guy Newey (instructed by Linklaters & Paine) for the defendant.
Judgment Dates: 22 January 1999


Limitation of action - Land - Adverse possession - Acts amounting to possession - Unconscious trespasser - Defendant believing that it owned wall - Judge finding that plaintiff owned one side of wall, but that defendant had acquired adverse possession of plaintiff's side - Whether the judge had applied the right test in establishing the animus possidendi - Whether the test in a case involving unconscious trespasser was different from that in case of conscious trespasser.

The Case

Practice Areas

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