Mayor and Burgesses of the London Borough of Tower Hamlets v Alfred Eugene Barrett, Valerie Anne Barrett
Mayor and Burgesses of the London Borough of Tower Hamlets v Alfred Eugene Barrett, Valerie Anne Barrett
- 2005
[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.
TOWER HAMLETS LBC V BARRETT AND ANOTHER
KINGSMILL V MILLARD
SMIRK V LYNDALE DEVELOPMENTS LTD
WHITMORE V HUMPHRIES
ATTORNEY GENERAL V TOMLINE
[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.
TOWER HAMLETS LBC V BARRETT AND ANOTHER
KINGSMILL V MILLARD
SMIRK V LYNDALE DEVELOPMENTS LTD
WHITMORE V HUMPHRIES
ATTORNEY GENERAL V TOMLINE