Long & Ors v Sava [2007] EWHC 2087 (Ch) (28 September 2007)

Long & Ors v Sava [2007] EWHC 2087 (Ch) (28 September 2007)

The Deputy Adjudicator was entitled to find, on the evidence, that Mr Sava had established factual and exclusive possession of the disputed land prior to 13 October 1991, with the necessary intention to possess, and that the limited and sporadic use by the paper owners did not interrupt or prevent adverse possession. The findings of fact were not against the weight of the evidence, and the reasons given, though brief, were sufficient in the context of the case.

Citation
[2007] EWHC 2087 (Ch)
Parties
First Appellants/second Respondent: Philip James Long and Frederick Charles Satow (as LPA Receivers appointed by SS Global Limited); Second Appellants/third Respondent: Ipe Jacobs and Richard White (as LPA Receivers of Delphis Bank Limited incorporated in Mauritius and in Receivership); Respondent/applicant: Christos Kyriacou Sava
Jurisdiction
England and Wales
Judgment Date
28 September 2007
Procedural Posture
Appeal From Deputy Adjudicator to HM Land Registry / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Land Registration, Limitation of Actions
Property Law Land Law Adverse Possession Land Registration Limitation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Philip James Long and Frederick Charles Satow (as LPA Receivers appointed by SS Global Limited)

First Appellants/second Respondent

Ipe Jacobs and Richard White (as LPA Receivers of Delphis Bank Limited incorporated in Mauritius and in Receivership)

Second Appellants/third Respondent

Christos Kyriacou Sava

Respondent/applicant

Procedural Posture

Appeal From Deputy Adjudicator to HM Land Registry / Judgment on Appeal

Legal Issues

  1. 1 Whether Mr Sava acquired title to the disputed land by adverse possession prior to 13 October 2003
  2. 2 Whether the Deputy Adjudicator's findings of fact were against the weight of the evidence
  3. 3 Whether the Deputy Adjudicator adequately stated his reasons for findings of fact

Ratio Decidendi

The Deputy Adjudicator was entitled to find, on the evidence, that Mr Sava had established factual and exclusive possession of the disputed land prior to 13 October 1991, with the necessary intention to possess, and that the limited and sporadic use by the paper owners did not interrupt or prevent adverse possession. The findings of fact were not against the weight of the evidence, and the reasons given, though brief, were sufficient in the context of the case.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of the Deputy Adjudicator giving effect to Mr Sava's application to alter the register stands.