London Borough Of Lambeth v Blackburn [2001] EWCA Civ 912 (14 June 2001)

London Borough Of Lambeth v Blackburn [2001] EWCA Civ 912 (14 June 2001)

The appellant demonstrated both factual possession and the necessary intention to possess the flat exclusively for the requisite twelve-year period by breaking the Council's lock, installing his own, and living in the flat as his home. His willingness to negotiate or pay rent if approached did not negate his animus possidendi. Therefore, the Council's claim for possession was statute-barred under section 15(1) of the Limitation Act 1980.

Citation
[2001] EWCA Civ 912
Parties
Claimant/respondent: The Mayor and Burgesses of the London Borough of Lambeth; Defendant/appellant: Jack Blackburn
Jurisdiction
England and Wales
Judgment Date
14 June 2001
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Lambeth County Court
Outcome
Appeal allowed. Judgment of the County Court set aside.
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Trusts Arising From Adverse Possession
Property Law Civil Procedure Adverse Possession Limitation of Actions Land Registration Trusts Arising From Adverse Possession

Case Brief

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Parties

The Mayor and Burgesses of the London Borough of Lambeth

Claimant/respondent

Jack Blackburn

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Lambeth County Court

Legal Issues

  1. 1 Whether the appellant had the necessary intention to possess (animus possidendi) to establish adverse possession under the Limitation Act 1980.
  2. 2 Whether factual possession and intention to possess were established for the requisite twelve-year period.

Ratio Decidendi

The appellant demonstrated both factual possession and the necessary intention to possess the flat exclusively for the requisite twelve-year period by breaking the Council's lock, installing his own, and living in the flat as his home. His willingness to negotiate or pay rent if approached did not negate his animus possidendi. Therefore, the Council's claim for possession was statute-barred under section 15(1) of the Limitation Act 1980.

Court Disposition

Appeal allowed. Judgment of the County Court set aside.

Orders

  • The order of His Honour Judge Cox dated 19th February 2001 is set aside.
  • The claimant/respondent's claim for possession is dismissed.