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02 June 2011 / Keith Davies
Issue: 7468 / Categories: Features , Property
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Will it float?

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Keith Davies explores two novel attempts to obtain land—& water—through adverse possession

IN BRIEF

  • A public right of way cannot be extinguished by disuse, however long the period of non-use.
  • There could be circumstances in which the owner of a vessel moored on a tidal river might acquire title by adverse possession to a part of the river bed or foreshore.

Sometime before May 1995, Wayne Smith arrived with his caravan on a country lane in Cambridgeshire near the village of Willingham. This lane is marked on Cambridgeshire County Council’s definitive map of public rights of way in accordance with the Wildlife and Countryside Act 1981 as a “byway open to all traffic” (BOAT).

In the resulting dispute over registration, Arden LJ in her judgment said that Smith took up residence with his caravan “and associated structures”. He “provides window cleaning services” and trimmed hedges, and the evidence shows that he was “an established and valued member of the community”.

He applied to the Land Registry for first registration of title (presumably freehold)

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NEWS
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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