Ofulue v Bossert [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 7, 29 January 2008. Considers whether an appeal against the acquisition of a property by adverse possession should follow or be distinguished from the case of Pye Ltd v United Kingdom (L131742). O appealed against a decision granting B adverse possession of a property previously owned by them. The property had been in a state of disrepair when O discovered B and her father residing in the property and asked them to leave. O was unable to initiate proceedings, but did so six years later having made two further demands to vacate. B's father had countered that he had made significant improvements but died before the case was brought. However B had made offer to purchase the property in a without prejudice letter and claimed to be a tenant. O argued this showed B's acceptance of O's ownership. "Held": To gain adverse possession B merely had to show intention to own the property. O had objected to B's residence, but had also slept on their rights. B had continually pleaded adverse possession and her letters and acknowledgment of O's claim did not amount to admission that O had a better claim of possession. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143147-1001 |
[2008] EWCA Civ 7, 29 January 2008. Considers whether an appeal against the acquisition of a property by adverse possession should follow or be distinguished from the case of Pye Ltd v United Kingdom (L131742). O appealed against a decision granting B adverse possession of a property previously owned by them. The property had been in a state of disrepair when O discovered B and her father residing in the property and asked them to leave. O was unable to initiate proceedings, but did so six years later having made two further demands to vacate. B's father had countered that he had made significant improvements but died before the case was brought. However B had made offer to purchase the property in a without prejudice letter and claimed to be a tenant. O argued this showed B's acceptance of O's ownership. "Held": To gain adverse possession B merely had to show intention to own the property. O had objected to B's residence, but had also slept on their rights. B had continually pleaded adverse possession and her letters and acknowledgment of O's claim did not amount to admission that O had a better claim of possession. Appeal dismissed.