Inglewood Investments Company Ltd v Baker [2002] EWCA Civ 1733 (8 November 2002)

Inglewood Investments Company Ltd v Baker [2002] EWCA Civ 1733 (8 November 2002)

The defendant failed to establish exclusive and manifest possession of the disputed land for the continuous 12-year period required by the Limitation Act 1980, as his actions—primarily the erection of a fence—were equivocal and intended to keep sheep in, not to exclude the paper owner. There was insufficient evidence of the requisite animus possidendi.

Citation
[2002] EWCA Civ 1733
Parties
Claimant/respondent: Inglewood Investments Company Limited; Defendant/appellant: William Anthony Baker
Jurisdiction
England and Wales
Judgment Date
08 November 2002
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Land Ownership, Evidentiary Requirements
Property Law Civil Procedure Adverse Possession Limitation of Actions Land Ownership Evidentiary Requirements

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Parties

Inglewood Investments Company Limited

Claimant/respondent

William Anthony Baker

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendant acquired title to land by adverse possession for the requisite 12-year period under the Limitation Act 1980
  2. 2 Whether the defendant's actions demonstrated the necessary factual possession and intention to possess (animus possidendi)

Ratio Decidendi

The defendant failed to establish exclusive and manifest possession of the disputed land for the continuous 12-year period required by the Limitation Act 1980, as his actions—primarily the erection of a fence—were equivocal and intended to keep sheep in, not to exclude the paper owner. There was insufficient evidence of the requisite animus possidendi.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed summarily at £11,000