000 02541cab a2200385 4500
001 ABS68471
008 041123n2004 000 0 eng u
035 _a(Sirsi) u128080
245 _aTopplan Estates Ltd v David Townley
260 _c2004
520 _a[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.
590 _aABS
590 _aABS
590 _aABS
650 _aSQUATTERS
650 _aTRESPASSERS
650 _aGRAZING AGREEMENTS
650 _aLIMITATION ACT 1980 S15
650 _aLIMITATION ACT 1980 SCHED 1 PART 1
650 _aLIMITATION ACT 1980 S32
650 _aLAND REGISTRATION ACT 1925 S75(1)
650 _aPOWELL V MCFARLANE
650 _aJ A PYE V GRAHAM
650 _aBUCKINGHAMSHIRE CC V MORAN
650 _aLAMBETH LBC V BLACKBURN
650 _aLEIGH V JACK
650 _aPURBRICK V HACKNEY LBC
650 _aTOPPLAN ESTATES LTD V DAVID TOWNLEY
650 _aADVERSE POSSESSION
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1369.html
_zView judgment at the BAILII websiteƯ
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1369.html
_zView judgment at the BAILII websiteƯ
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1369.html
_zView judgment at the BAILII websiteƯ
942 _n0
999 _c74616
_d74616