Mayor and Burgesses of the London Borough of Tower Hamlets v Alfred Eugene Barrett, Valerie Anne Barrett
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWCA Civ 923, 19 July 2005. Considers whether a land acquired by adverse possession by a tenant is presumed to be included in the sale of the land associated with that tenancy. B and his wife appealed against a decision that they should give up possession of land adjacent to their pub claiming that, as tenants of a pub prior to purchasing the freehold, they had enclosed the adjoining site and started building on it. "Held": appeal allowed as B's occupation of had satisfied the requirement of intention to possess; an acknowledgement of the freeholder's title to the land had been given by the landlord and not B as the person in possession of the land; and that a tenant can acquire possessory title for their landlord, whilst as the land had been included in B's tenancy it could be presumed to be included in the sale.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 130539-1001 |
[2005] EWCA Civ 923, 19 July 2005. Considers whether a land acquired by adverse possession by a tenant is presumed to be included in the sale of the land associated with that tenancy. B and his wife appealed against a decision that they should give up possession of land adjacent to their pub claiming that, as tenants of a pub prior to purchasing the freehold, they had enclosed the adjoining site and started building on it. "Held": appeal allowed as B's occupation of had satisfied the requirement of intention to possess; an acknowledgement of the freeholder's title to the land had been given by the landlord and not B as the person in possession of the land; and that a tenant can acquire possessory title for their landlord, whilst as the land had been included in B's tenancy it could be presumed to be included in the sale.