Generay Ltd v Containerised Storage Company Ltd [2005] EWCA Civ 478 (23 March 2005)

Generay Ltd v Containerised Storage Company Ltd [2005] EWCA Civ 478 (23 March 2005)

Adverse possession was established for the majority of the strip except for the northernmost 100 feet, where Generay's temporary self-exclusion by fencing for three to four months interrupted the necessary period of possession, precluding title by adverse possession to that portion.

Citation
[2005] EWCA Civ 478
Parties
Claimant/respondent: Generay Limited; Defendant/appellant: The Containerised Storage Company Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal allowed in part
Legal Topics
Adverse Possession, Limitation Periods, Registered Land, Costs Orders
Property Law Civil Procedure Adverse Possession Limitation Periods Registered Land Costs Orders

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Parties

Generay Limited

Claimant/respondent

The Containerised Storage Company Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether Generay Limited acquired title to a strip of land by adverse possession under the Limitation Act 1980
  2. 2 Whether previous leases prevented time running for adverse possession
  3. 3 Whether temporary self-exclusion by fencing interrupted adverse possession

Ratio Decidendi

Adverse possession was established for the majority of the strip except for the northernmost 100 feet, where Generay's temporary self-exclusion by fencing for three to four months interrupted the necessary period of possession, precluding title by adverse possession to that portion.

Court Disposition

Appeal allowed in part

Orders

  • CSC to pay 50% of Generay's costs of the appeal, including costs related to Mr Todd's evidence and documents
  • CSC to pay 75% of Generay's costs of the trial