Colin Dawson Windows Ltd. v Borough Council of King's Lynn & West Norfolk & Anor [2005] EWCA Civ 9 (20 January 2005)

Colin Dawson Windows Ltd. v Borough Council of King's Lynn & West Norfolk & Anor [2005] EWCA Civ 9 (20 January 2005)

An implied licence was to be inferred from the correspondence and negotiations between Mrs Howard and Dawsons, preventing Dawsons from establishing twelve years of adverse possession. Mrs Howard's appeal succeeds and Dawsons' claim fails.

Citation
[2005] EWCA Civ 9
Parties
Respondent/claimant: Colin Dawson Windows Ltd; 1st Defendant: Borough Council of King's Lynn & West Norfolk; Appellant/2nd Defendant: Winifred Howard
Jurisdiction
England and Wales
Judgment Date
20 January 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; original order set aside; possession awarded to appellant.
Legal Topics
Adverse Possession, Implied Licence, Paper Title, Limitation Periods
Property Law Civil Procedure Adverse Possession Implied Licence Paper Title Limitation Periods

Case Brief

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Parties

Colin Dawson Windows Ltd

Respondent/claimant

Borough Council of King's Lynn & West Norfolk

1st Defendant

Winifred Howard

Appellant/2nd Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mrs Howard proved paper title to the land in question
  2. 2 Whether Dawsons' possession was pursuant to an implied licence, preventing adverse possession
  3. 3 Whether Dawsons could raise a new point regarding Mrs Howard's entitlement to the land

Ratio Decidendi

An implied licence was to be inferred from the correspondence and negotiations between Mrs Howard and Dawsons, preventing Dawsons from establishing twelve years of adverse possession. Mrs Howard's appeal succeeds and Dawsons' claim fails.

Court Disposition

Appeal allowed; original order set aside; possession awarded to appellant.

Orders

  • Appellant to have possession within 14 days of the land in King's Lynn, Norfolk.
  • Respondent to pay appellant damages for loss and use and enjoyment of the land and interest thereon, to be assessed by a district judge.