Article contributed by Ian Quayle Ian Quayle considers the recent case of Weaver v Smith which explores the common problem of identifying the extent of a right of way. The case highlights the problems associated with plans and the need to revert to the wording...
Boundaries and Adverse Possession
Rowlands and another v Bishop and another
Article contributed by Ian Quayle Ian Quayle discusses a recent case which has examined some of the issues associated with adverse possession and provides useful reminders for busy practitioners. Case name, reference and Bailii link - Rowlands v...
Healey v Fraine [2023] EWCA Civ 549
Article contributed by Richard Miller, Tanfield Chambers Bailii link: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2023/549.html&query=(Healey)+AND+(v)+AND+(Fraine)+AND+(.2023.)+AND+(EWCA)+AND+(Civ)+AND+(549) Summary ...
Milton Keynes Council v Wilsher and another [2022] EWHC 578 (QB)
Article contributed by Sarah Thompson-Copsey Bailii Link: https://www.bailii.org/ew/cases/EWHC/QB/2022/578.html This is a case relating to successful claim for adverse possession under the Limitation Act 1980. Facts Milton Keynes Council was the...
Highway Boundaries and Property Transactions
Article by Guest Editor Tom Graham Almost all property sites will have highway frontages and, as such, it is important that those acting on behalf of potential purchasers take into account the question of where the boundary between the property to be purchased and the...
Practical Tips for Boundary Problems
Contributed by Ian Quayle of IQ Legal Training (ian@iqlegaltraining.com). Dealing with boundary problems Some practical tips for busy practitioners The issue of boundary identification is a problem for both residential conveyancers and commercial property lawyers...
Consent
Introduction If a person is in occupation of property with the consent of the owner he is not in adverse possession. "It is clearly established that the taking or continuation of possession by a squatter with the actual consent of the paper title owner does not...
Highways
Highways R (on the application of Smith) v Land Registry and Cambridge County Council [2010] EWCA Civ 200 Summary It is not possible to claim title by adverse possession to land that forms part of the public highway. Facts The claimant made an application to the Land...
Criminal offence
Trespassers Residential property Legal Aid, Sentencing and Punishment of Offenders Act 2012 , s144 Summary As is widely known, a new law has been passed which makes it a criminal offence to squat in residential property. The provision came into effect on 1 September...
Other miscellaneous points on adverse possession
This page contains various miscellaneous matters relating to adverse possession: The Crown Electoral roll as evidence Fences Former tenants Interruption of possession: Is a mere demand for possession sufficient? - Squatter lying low - Temporary self-exclusion. River...