A more than a little unusual Court of Appeal judgment on adverse possession has just been handed down. Roberts v Crown Estate Commissioners [2008] EWCA Civ 98. I won’t go into the details - it involved a challenge to Crown possession of an area of foreshore and river bed of the Severn by the purchaser of an ancient manorial title. The result - the Crown can gain property by adverse possession. ‘The same law of limitation applies to both Crown and citizen’.
Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License.
Based on a work at nearlylegal.co.uk.
Latest Court of Appeal Civil Judgments
- AMG Global Nominees (Private) Ltd v Africa Resources Ltd [2008] EWCA Civ 1262 (20 November 2008)
- KJM Superbikes Ltd. v Hinton [2008] EWCA Civ 1280 (20 November 2008)
- Wandsworth v Whibley [2008] EWCA Civ 1259 (14 November 2008)
- H v Tomlinson [2008] EWCA Civ 1258 (13 November 2008)
- NB (Guinea) & Anor v Secretary of State for the Home Dept [2008] EWCA Civ 1229 (13 November 2008)
- Transport for London v Spirerose Ltd (In Administration) [2008] EWCA Civ 1230 (13 November 2008)
- Peakman v Linbrooke Services Ltd [2008] EWCA Civ 1239 (13 November 2008)
- Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GmbH & Ors [2008] EWCA Civ 1257 (12 November 2008)
- Commissioner of Police of the Metropolis v Raissi [2008] EWCA Civ 1237 (12 November 2008)
- Limit No 2 Ltd v Axa Versicherung AG [2008] EWCA Civ 1231 (12 November 2008)
Latest Decisions Administrative Court
- Mubarak v General Medical Council [2008] EWHC 2830 (Admin) (20 November 2008)
- S, R (on the application of) v West Mercia Constabulary & Anor [2008] EWHC 2811 (Admin) (18 November 2008)
- Muscat v Health Professions Council [2008] EWHC 2798 (Admin) (14 November 2008)
- Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)
- Downs v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 2666 (Admin) (14 November 2008)
- Miller & Anor, R (on the application of) v The Independent Assessor [2008] EWHC 2758 (Admin) (13 November 2008)
- Azzam v The General Medical Council [2008] EWHC 2711 (Admin) (12 November 2008)
- Lynch, R (on the application of) v Secretary of State for Justice [2008] EWHC 2697 (Admin) (7 November 2008)
- Roberts, R (on the application of) v The Parole Board for England and Wales & Anor [2008] EWHC 2714 (Admin) (07 November 2008)
- London Borough of Hillingdon & Ors, R (on the application of) v The Lord Chancellor & Ors [2008] EWHC 2683 (Admin) (06 November 2008)
I haven’t read the case (yet!) so this may well be off the mark, but I thought all foreshore was owned by the crown unless there has been a grant or sale of a stretch of it to someone else (usually a local authority, National Trust, etc). Will go and read the case now I think - very interesting….. AD
PS Now that I can get back on your blog there’ll be no stopping me!
Hence the ‘ancient manorial’ ownership based challenge, apparently and unsurprisingly based on Welsh law/lore.
Even the NT doesn’t get to own the area of shore exposed between high tide line and low tide line, AFAIR.
Can you get onto the blog from home now? My cup overfloweth.