Source: All England Reporter
Publisher Citation: [2002] All ER (D) 378 (Nov)
Neutral Citation: [2002] EWCA Civ 1733
Court: Court of Appeal, Civil Division

Aldous and Dyson LJJ

Representation Keith Rowley QC (instructed by Pickering & Butters, Stafford) for the claimant.
  David Stockill (instructed by Tedstone George & Tedstone, Stafford) for the defendant.
Judgment Dates: 8 November 2002


Limitation of actions - Limitation period - Possession of land - Adverse possession - Intention to possess land - Requirement for unequivocal acts.

The Case

Where a defendant had fenced off land owned by the claimant with the intention of keeping his sheep in, a defence of adverse possession to a claim of trespass could not succeed as the defendant had not had the requisite intention to possess the land.

Practice Areas

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