Battersea Freehold & Leasehold Co Ltd v Wandsworth LBC
Battersea Freehold & Leasehold Co Ltd v Wandsworth LBC
- 2001
- Estates Gazette [2001] 19 EG 148-152(5) .
ChD 2 March 2001. Respondents W were the registered proprietors of the disputed land. The land was only accessible via a gate or the garden of a property (no 22) where S had been tenants. The appellant (B) purchased the freehold reversion to no 22, and following its subsequent sale, started proceedings against W seeking possession of the land. B claimed that during their tenancy S had taken over the use of the land and controlled the access of others thus demonstrating intention to possess. B's claim was dismissed on the grounds that S had provided the other tenants of adjoining flats with keys to gain access to the land. B appealed. The appeal was dismissed; by providing keys to other tenants, S demonstrated no intention to exclude access to the disputed land or defeat W's title.
BATTERSEA FREEHOLD & LEASEHOLD PROPERTY CO LTD V WANDSWORTH LBC
ADVERSE POSSESSION
POSSESSION
LAND OWNERSHIP
ChD 2 March 2001. Respondents W were the registered proprietors of the disputed land. The land was only accessible via a gate or the garden of a property (no 22) where S had been tenants. The appellant (B) purchased the freehold reversion to no 22, and following its subsequent sale, started proceedings against W seeking possession of the land. B claimed that during their tenancy S had taken over the use of the land and controlled the access of others thus demonstrating intention to possess. B's claim was dismissed on the grounds that S had provided the other tenants of adjoining flats with keys to gain access to the land. B appealed. The appeal was dismissed; by providing keys to other tenants, S demonstrated no intention to exclude access to the disputed land or defeat W's title.
BATTERSEA FREEHOLD & LEASEHOLD PROPERTY CO LTD V WANDSWORTH LBC
ADVERSE POSSESSION
POSSESSION
LAND OWNERSHIP