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

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

Catchwords

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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