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And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...
In Port of London Authority v Ashmore [2009] EWHC 954 (Ch) the Defendant had, since 1983, tethered his sailing barge to Albion Wharf on the Thames close by Battersea Bridge. The Authority wished to register title to the bed of the river Thames but Mr Ashmore...
Can you acquire title to land over which a highway runs? There seems to be no reason in principle why not but R (Smith) v Land Registry (Peterborough) [2009] EWHC 328 (Admin) — wrongly in my view — suggests otherwise. The Claimant had occupied land with his...
Ofulue v Bossert [2009] UKHL 16 was an adverse possession case - we commented on the Court of Appeal hearing here, and that post gives the background. There was an appeal to the House of Lords which was primarily concerned with the limitation period of...
In St Pancras & Humanist HA v Leonard [2008] EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against the...
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...
Ofulue & Anor v Bossert [2008] EWCA Civ 7 deals with an adverse possession case prior to the Land Registration Act 2002. Some notes: The (then) law on adverse possession does not breach Art.1 Protocol 1, Pye v United Kingdom [2007] ECHR 44302/02 applied....