Topplan Estates Ltd v David Townley
Publication details: 2004Subject(s):- SQUATTERS
- TRESPASSERS
- GRAZING AGREEMENTS
- LIMITATION ACT 1980 S15
- LIMITATION ACT 1980 SCHED 1 PART 1
- LIMITATION ACT 1980 S32
- LAND REGISTRATION ACT 1925 S75(1)
- POWELL V MCFARLANE
- J A PYE V GRAHAM
- BUCKINGHAMSHIRE CC V MORAN
- LAMBETH LBC V BLACKBURN
- LEIGH V JACK
- PURBRICK V HACKNEY LBC
- TOPPLAN ESTATES LTD V DAVID TOWNLEY
- ADVERSE POSSESSION
- PROPERTY AND LAND LAW-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68471 (Browse shelf(Opens below)) | 1 | Available | 128080-1001 | |
| Law report | Virtual Online | ONLINE (Browse shelf(Opens below)) | 1 | Available | 128080-2001 |
[2004] EWCA Civ 1369, 12 October 2004. Appeal by claimant (TE), registered proprietor of some 13 acres of disputed land, against an earlier decision to uphold respondent's (DT) claim to the proprietorship of the disputed land on the basis of 12 years adverse possession since 1983, save only in respect of a narrow strip of land identified in the judge's order. TE contended that DT's acts on the disputed land from 1 January 1983 following the last of a number of grazing agreements did not amount to possession of the disputed land or any part of it within the meaning of the Limitation Act 1980 Sched 1 Part 1 and further that the road-widening works carried out by Lancashire CC in April 1993 constituted an interruption in DT's adverse possession, which by dint of Sched 1 Para 8(2) of the 1980 had the effect of stopping time running. "Held": appeal dismissed. The earlier grazing agreements did not have any impact on the issue whether DT's activities on the disputed land in the relevant period amounted to factual possession. TE's acts did amount to the necessary possession. Furthermore the CC's road works in April 1993 had no effect whatever on DT's continuing activities on the remainder of the disputed land. View judgment at www.bailii.org.