Buckinghamshire CC v Moran
Buckinghamshire CC v Moran
- 1988
- Property and Compensation Reports (1988) 56 PCR 372-379(8) .
ChD 19 February 1988. In 1955 the council (B) acquired a plot of land for a proposed diversion of the A404, not due for construction for many years. The plot was enclosed on all sides except to the north where it abutted Dolphin Place which from 1967 maintained the land. Dolphin Place was purchased by (M) in 1971. M fixed a lock and chain to the gate at the front of the plot leaving the only access to the plot via Dolphin Place gardens. In 1975 M lay electric cables across the plot to install lighting for a party. B commenced possession proceedings and M claimed adverse possession . the action was dismissed on the grounds that the degree of occupation or control held by M since 1973 was sufficient to constitute actual possession.
ChD 19 February 1988. In 1955 the council (B) acquired a plot of land for a proposed diversion of the A404, not due for construction for many years. The plot was enclosed on all sides except to the north where it abutted Dolphin Place which from 1967 maintained the land. Dolphin Place was purchased by (M) in 1971. M fixed a lock and chain to the gate at the front of the plot leaving the only access to the plot via Dolphin Place gardens. In 1975 M lay electric cables across the plot to install lighting for a party. B commenced possession proceedings and M claimed adverse possession . the action was dismissed on the grounds that the degree of occupation or control held by M since 1973 was sufficient to constitute actual possession.