Roberts v Crown Estate Commissioners (Record no. 80170)

MARC details
000 -LEADER
fixed length control field 01999cad a22002535a 4500
001 - CONTROL NUMBER
control field L143428
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080508e20080220xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u143428
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Roberts v Crown Estate Commissioners
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 98, 20 February 2008. Considers whether Crown Commissioners can claim adverse possession of land in cases where their entry to that land was unlawful. The appellant (R) held the paper title of part of the foreshore and bed of the River Severn. The land belonged to an ancient Welsh title which he had acquired. The respondent Commissioners (C) applied for and gained a preliminary judgment that R's title had been extinguished under the Limitation Acts. R appealed, arguing that there was a constitutional principal that agents of the Crown could not gain adverse possession by unlawful access. R also argued that since C claimed no wish to exclude owners of the land they had not exhibited the necessary intention to possess. "Held": Since the Crown Proceedings Act 1947, subjects were not restricted from bringing ordinary action against the Crown. It followed that C was able to plead limitation of R's paper title and therefore had access to the usual laws of adverse possession. There was no constitutional issue preventing this. C believed the land to be part of the Crown estate. Despite this belief being incorrect, adverse possession was therefore allowed. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ROBERTS V CROWN ESTATE COMMISSIONERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element J A PYE (OXFORD) LTD V GRAHAM
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUGHES V CORK
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION ACT 1939
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIMITATION ACT 1980
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CROWN PROCEEDINGS ACT 1947
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY ACQUISITION AND DISPOSAL
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/98.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/98.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 08/05/2008   ONLINE PUBLICATION 143428-1001 06/08/2019 1 06/08/2019 Law report