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05 February 2009
Issue: 7355 / Categories: Features , Property
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Factual possession

William Byrne sheds some light on uncertainties in adverse possession

Just outside Wymondham in Norfolk there stands a now derelict animal feed mill. The mill sits on the northern four acres of a 10-acre plot. The remaining six or so acres to the south (identified at trial as “the orange land”) bounds open farm land on three sides and, since at least the 1960s, was traditionally cultivated by a local farmer with permission from the mill owners.

In March 1974, the claimant, J Alston & Sons Limited, purchased a local farm and was given the opportunity to farm the orange land with the permission of the mill owner, Barkers & Lee Smith (Norfolk) Limited. Barkers nevertheless wanted to retain the ability to expand the mill into it should the need arise. They had no wish to cross swords with the Agricultural Holdings Act 1986 and, to this end, they insisted upon written confirmation from Alan Alston, the owner of the J Alston & Sons, that he would possess the land as a “mere licensee, paying no rent” and

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NEWS
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
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
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
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
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
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