header-logo header-logo

Home Login E-newsletter About us
01 April 2022 / Jamie Sutherland , Imogen Dodds
Issue: 7973 / Categories: Features
printer mail-detail

Adverse Possession: The General Theory of Relativity (of title)

© Copyright LexisNexis 2026. All Rights Reserved.
77181
Jamie Sutherland & Imogen Dodds discuss the recent case of White and another v Amirtharaja and another
  • New adverse possession decision from the Court of Appeal demonstrates importance of relativity of title.
  • The High Court had been wrong to permit the respondent owners to assert on appeal that they had inherited ‘paper title’ to the disputed passageway from their predecessors.
  • However, prior possession without paper title would give an owner superior title to a squatter, unless and until the statutory period and conditions to acquire title by adverse possession had been met.

As is often the way, White and another v Amirtharaja and another [2022] EWCA Civ 11, All ER (D) 35 (Jan) concerned a small area of land, but raised interesting questions of fact and law. In 2017, the Whites purchased Hollis House, and were registered as freehold proprietors. In the proceedings, they claimed title to a narrow passageway leading from the rear garden of Hollis House to an access road, relying on alleged adverse possession

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Read All
NLJ this week: When post-breach events rewrite damages claims
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
NLJ this week: Supreme Court redraws unfair prejudice rules
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
NLJ this week: CILEX warns Mazur ruling must spark reform
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
NLJ this week: Conditional job offers carry hidden risks for employers
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
Copyright © 2026 LexisNexis
back-to-top-scroll