Source: All England Reporter
Publisher Citation: [2006] All ER (D) 319 (Oct)
Neutral Citation: [2006] EWCA Civ 1392
Court: Court of Appeal, Civil Division

Mummery, Jacob and Neuberger LJJ

Representation Gavin Hamilton and Oliver Isaacs (instructed by Daybells) for the claimant.
  Paul Staddon (instructed by Oliver Fisher & Co) for the defendant.
Judgment Dates: 26 October 2006


Limitation of action - Land - Adverse possession - Period of adverse possession - Friend of defendant's husband impersonating claimant in order to execute lease in favour of defendant - Defendant signing counterpart of lease - Whether counterpart constituting acknowledgement of claimant's title - , ss 29, 30.

The Case

The defendant had not established adverse possession of property for more than 12 years before the coming into force of the where she had signed a document which purported to be a counterpart of a lease of the property less than 12 years before the 2002 Act came into force, in circumstances where a man had impersonated the claimant in order to execute a lease in the claimant's name. The statements made in the counterpart were an acknowledgement of the claimant's title for the purposes of ss29 and 30 of the .

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.