Source: All England Reporter
Publisher Citation: [2002] All ER (D) 411 (Jul)
Court: Chancery Division

Patten J

Representation Rodney Stewart Smith (instructed by Bennett Welch & Co) for the claimant.
  The defendants appeared by their representative.
Judgment Dates: 26 July 2002


Limitation of action - Land - Adverse possession - Defendants claiming ownership of freehold of property - Recorder holding third and fourth defendants having freehold of rooms - Whether recorder in error - .

The Case

On the appeals by the parties, the court ruled that in the circumstances of the instant case, there was no adverse possession prior to 1993 and accordingly the defendants failed to satisfy s15(1) of the Act.

Practice Areas

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