000			01999cad a22002535a 4500
001			L143428
008			080508e20080220xxk f v 000 0 eng d
035			_a(Sirsi) u143428
041	0		_aeng
245	0	0	_aRoberts v Crown Estate Commissioners _h[electronic resource]
260			_c2008
520			_a[2008] EWCA Civ 98, 20 February 2008. Considers whether Crown Commissioners can claim adverse possession of land in cases where their entry to that land was unlawful. The appellant (R) held the paper title of part of the foreshore and bed of the River Severn. The land belonged to an ancient Welsh title which he had acquired. The respondent Commissioners (C) applied for and gained a preliminary judgment that R's title had been extinguished under the Limitation Acts. R appealed, arguing that there was a constitutional principal that agents of the Crown could not gain adverse possession by unlawful access. R also argued that since C claimed no wish to exclude owners of the land they had not exhibited the necessary intention to possess. "Held": Since the Crown Proceedings Act 1947, subjects were not restricted from bringing ordinary action against the Crown. It followed that C was able to plead limitation of R's paper title and therefore had access to the usual laws of adverse possession. There was no constitutional issue preventing this. C believed the land to be part of the Crown estate. Despite this belief being incorrect, adverse possession was therefore allowed. Appeal dismissed.
590			_aKA
650	2	4	_aROBERTS V CROWN ESTATE COMMISSIONERS
650	2	4	_aJ A PYE (OXFORD) LTD V GRAHAM
650	2	4	_aHUGHES V CORK
650	2	4	_aLIMITATION ACT 1939
650	2	4	_aLIMITATION ACT 1980
650	2	4	_aCROWN PROCEEDINGS ACT 1947
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/98.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c80170 _d80170