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Welford v Transport for London [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWLands ACQ_26_2007, 11 February 2008. 'Entry onto' and 'possession' of land are not the same thing. The court had to determine whether a claim for compensation was allowed under the Limitation Act 1990. The claimant (W) owned land subject to a compulsory purchase order by an acquiring authority (T). T claimed that documentary evidence it had submitted was sufficient to show that it entered onto and took possession of the land under the Compulsory Purchase Act 1965 S11(1) and Limitation Act 1980 S9 in November 2000, and that W's claim was made outside the six year time limit and was therefore statute barred. W countered that the 1965 Act differed between 'enter' and 'take' possession, and that T had not satisfied both criteria. Held: claimant's claim allowed. There was insufficient evidence of entry, and in the absence of formal surrender of possession by the owner, no evidence that T had taken possession of any part of the land.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 145301-1001

[2008] EWLands ACQ_26_2007, 11 February 2008. 'Entry onto' and 'possession' of land are not the same thing. The court had to determine whether a claim for compensation was allowed under the Limitation Act 1990. The claimant (W) owned land subject to a compulsory purchase order by an acquiring authority (T). T claimed that documentary evidence it had submitted was sufficient to show that it entered onto and took possession of the land under the Compulsory Purchase Act 1965 S11(1) and Limitation Act 1980 S9 in November 2000, and that W's claim was made outside the six year time limit and was therefore statute barred. W countered that the 1965 Act differed between 'enter' and 'take' possession, and that T had not satisfied both criteria. Held: claimant's claim allowed. There was insufficient evidence of entry, and in the absence of formal surrender of possession by the owner, no evidence that T had taken possession of any part of the land.