Wilson & another v Martin`s executors
Wilson & another v Martin`s executors
- 1993
- Estates Gazette (1993) 24 EG 119-122(4) .
CA 21 December 1992. M, the defendants, successors in title to the Isenhurst estate, from which, in 1947, Sunset Farm had been sold to W`s predecessors including a Mr Howitt. Ownership of a wood between the two properties became disputed and in 1989, W fenced it and claimed a declaration and damages for trespass. At court this position was upheld; the judge was satisfied that H regarded the land as his and had passed on to W any rights gained by adverse possession. M appealed arguing that the presumption established in "Smirk v Lyndale Developments Ltd" should be applied and that there was insufficient evidence that H was in adverse possession at all material times. Held in M`s favour.
ADVERSE POSSESSION
DISPOSSESSION
SQUATTERS RIGHTS
SQUATTING
CA 21 December 1992. M, the defendants, successors in title to the Isenhurst estate, from which, in 1947, Sunset Farm had been sold to W`s predecessors including a Mr Howitt. Ownership of a wood between the two properties became disputed and in 1989, W fenced it and claimed a declaration and damages for trespass. At court this position was upheld; the judge was satisfied that H regarded the land as his and had passed on to W any rights gained by adverse possession. M appealed arguing that the presumption established in "Smirk v Lyndale Developments Ltd" should be applied and that there was insufficient evidence that H was in adverse possession at all material times. Held in M`s favour.
ADVERSE POSSESSION
DISPOSSESSION
SQUATTERS RIGHTS
SQUATTING