Land—Adverse possession—Requirements

Court of Appeal, Civil Division, Lord Neuberger MR, Arden & Jackson LJJ, 15 November 2011

In order to defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner must show possession to the exclusion of the person claiming adverse possession.

Laura Collignon (instructed by Child & Child) for the claimants. Christian Sweeney (instructed by Lyons Davidson, Bristol) for the defendants.

The proceedings concerned a strip of land forming part of the garden of the defendants. The claimants were their neighbours. They had lived there since July 2005, having acquired the property in September 2000 following the death of the previous owner, L. In 1992, L had sold a portion of the garden to the defendants’ predecessor. The transaction was recorded in a transfer dated 14 December 1992, and had an attached plan, known as Plan B. The defendants purchased