Source: All England Reporter
Publisher Citation: [2008] All ER (D) 236 (Jan)
Neutral Citation: [2008] EWCA Civ 7
Court: Court of Appeal, Civil Division

May, Arden LJJ and Sir Martin Nourse

Representation Richard Wilson QC and Mr Christopher Jacobs (instructed White Ryland) for the claimants.
  Peter Crampin QC and Simon Williams (instructed by RFB solicitors) for the defendant.
Judgment Dates: 29 January 2008


Limitation of action - Land - Adverse possession - Right to property - Claimants bringing possession proceedings against defendant - Whether defendant's father's previous allegation that they were entitled to possession of property on basis of lease defeating requisite intention for adverse possession - Whether claimants entitled to rely on without prejudice offer of defendant to buy property as demonstrating acknowledgement of claimants' title.

The Case

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