Rhondda Cynon Taff BC v Watkins
Series: Estates Gazette Case Summaries ; [2003] EG 130 (CS) (1) | Rating and Valuation Reporter ; [2003] RVR 224-232(9)Publication details: 2003Subject(s): Summary: [2003] EWCA Civ 129, 12 February 2003. The respondent council's predecessors made a compulsory purchase order for the appellant's (W) land to provide a public open space. The compulsory purchase was governed by the Acquisition of Land (Authorisation Procedure) Act 1946 which incorporated provisions of the Lands Clauses Consolidation Act 1845. The council entered into possession in 1966 but W reoccupied the land shortly afterwards. The Lands Clauses Consolidation Act 1845 ss76-77entitled the council to pay compensation money into court and execute a deed poll vesting the land in themselves. In 2000 the respondent council (R) brought possession proceedings. W maintained R's claim to the land was time barred under the Limitation Act 1980 s15 because W had more than 12 year's adverse possession. W also claimed that the deed poll was invalid as the land was never used for a public space. Judgment for R. W appealed. "Held": appeal allowed in part. W's argument disputing the validity of the deed should have been allowed as this may have prevented R from succeeding on the limitation point. View judgment at www.courtservice.gov.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66419 (Browse shelf(Opens below)) | 1 | Available | 121468-1001 |
[2003] EWCA Civ 129, 12 February 2003. The respondent council's predecessors made a compulsory purchase order for the appellant's (W) land to provide a public open space. The compulsory purchase was governed by the Acquisition of Land (Authorisation Procedure) Act 1946 which incorporated provisions of the Lands Clauses Consolidation Act 1845. The council entered into possession in 1966 but W reoccupied the land shortly afterwards. The Lands Clauses Consolidation Act 1845 ss76-77entitled the council to pay compensation money into court and execute a deed poll vesting the land in themselves. In 2000 the respondent council (R) brought possession proceedings. W maintained R's claim to the land was time barred under the Limitation Act 1980 s15 because W had more than 12 year's adverse possession. W also claimed that the deed poll was invalid as the land was never used for a public space. Judgment for R. W appealed. "Held": appeal allowed in part. W's argument disputing the validity of the deed should have been allowed as this may have prevented R from succeeding on the limitation point. View judgment at www.courtservice.gov.uk.