Adverse possession
Series: Estates Gazette Case Summaries ; [2000] EGCS 147 (16/12/00)Publication details: 2000Subject(s): Summary: CA 1 December 2000. "Bigden and others v Lambeth LBC". In 1979 the claimant Council (A) acquired 60 flats divided into eight self-contained blocks. From 1983 onwards blocks 1-4 were occupied by a series of squatters. A could not enter the blocks without the consent of an occupier. In 1987 the occupiers (B) formed a Co-operative (OHC) with the objective of obtaining a licence from A so that OHC could control the building. Negotiations between OHC and A ceased in 1993, and no licence was ever granted. In November 1997 A issued proceedings for possession of the blocks. B, relying upon the Limitation Act 1980, resisted the claim on the ground that they or their predecessors had been in adverse possession for over 12 years. A countered that within that period their title had been acknowledged in writing by or on behalf of B. The CC judge allowed A's claim for possession of all but four flats, but rejected their submissions on the acknowledgement issue. B appealed and A cross-appealed. The appeal was dismissed and the cross-appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London News article | X110071 (Browse shelf(Opens below)) | 1 | Available | 110071-1001 |
CA 1 December 2000. "Bigden and others v Lambeth LBC". In 1979 the claimant Council (A) acquired 60 flats divided into eight self-contained blocks. From 1983 onwards blocks 1-4 were occupied by a series of squatters. A could not enter the blocks without the consent of an occupier. In 1987 the occupiers (B) formed a Co-operative (OHC) with the objective of obtaining a licence from A so that OHC could control the building. Negotiations between OHC and A ceased in 1993, and no licence was ever granted. In November 1997 A issued proceedings for possession of the blocks. B, relying upon the Limitation Act 1980, resisted the claim on the ground that they or their predecessors had been in adverse possession for over 12 years. A countered that within that period their title had been acknowledged in writing by or on behalf of B. The CC judge allowed A's claim for possession of all but four flats, but rejected their submissions on the acknowledgement issue. B appealed and A cross-appealed. The appeal was dismissed and the cross-appeal allowed.