header-logo header-logo

05 February 2009
Issue: 7355 / Categories: Features , Property
printer mail-detail

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

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

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Lawyers have warned senior managers against complacency as the Financial Conduct Authority (FCA) non-financial misconduct (NFM) rules come into force
Landlords cannot rely on minor procedural defaults to defeat leaseholders’ right to manage (RTM) claims, the Supreme Court has held
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
back-to-top-scroll