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Tennant and another v Adamczyk and another

Language: English Series: Estates Gazette ; [2005] 41 EG 205 (CS) (1)Publication details: 2005Subject(s): Summary: 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.

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.