Tennant and another v Adamczyk and another
Tennant and another v Adamczyk and another
- 2005
- Estates Gazette [2005] 41 EG 205 (CS) (1) .
CA, 4 October 2005. Concerns whether the appellants' title to disputed land was time-barred and extinguished by virtue of the Limitation Act 1980 ss15 and 17 and Sched 1, read in conjunction with the Land Registration Act 2002. The disputed land was a yard falling between business units owned by the appellants (T) and the respondents (A). T brought proceedings against A claiming trespass and seeking a declaration as to ownership. A counterclaimed that T's title to the disputed land was time-barred and extinguished. The judge dismissed T's claim and accepted A's submissions that their use of the land from June to October 1991 amounted to adverse possession. T appealed. "Held": appeal allowed. The judge had to ask whether T had been dispossessed and whether A had been in adverse possession by October 1991. He had erred in relying on events occurring after October 1991.
LIMITATION ACT 1980 S15
LIMITATION ACT 1980 S17
LIMITATION ACT 1980 SCHED 1
LAND REGISTRATION ACT 2002
TENNANT V ADAMCZYK
J A PYE (OXFORD) LTD V GRAHAM
CA, 4 October 2005. Concerns whether the appellants' title to disputed land was time-barred and extinguished by virtue of the Limitation Act 1980 ss15 and 17 and Sched 1, read in conjunction with the Land Registration Act 2002. The disputed land was a yard falling between business units owned by the appellants (T) and the respondents (A). T brought proceedings against A claiming trespass and seeking a declaration as to ownership. A counterclaimed that T's title to the disputed land was time-barred and extinguished. The judge dismissed T's claim and accepted A's submissions that their use of the land from June to October 1991 amounted to adverse possession. T appealed. "Held": appeal allowed. The judge had to ask whether T had been dispossessed and whether A had been in adverse possession by October 1991. He had erred in relying on events occurring after October 1991.
LIMITATION ACT 1980 S15
LIMITATION ACT 1980 S17
LIMITATION ACT 1980 SCHED 1
LAND REGISTRATION ACT 2002
TENNANT V ADAMCZYK
J A PYE (OXFORD) LTD V GRAHAM