McClelland v Elvin & Ors [2017] EWHC 2795 (QB) (08 November 2017)

McClelland v Elvin & Ors [2017] EWHC 2795 (QB) (08 November 2017)

The claimant failed to establish twelve years' adverse possession as required by law, as his occupation was found to be as a tenant or licensee for all or a substantial part of the relevant period, and the defendants' account of ownership and letting was preferred on the balance of probabilities.

Citation
[2017] EWHC 2795
Parties
Claimant/applicant: Garry McClelland; First Defendant/respondent: David Elvin; Second Defendant/respondent: Damien Elvin; Third Defendant: Dimitrov Lipchek
Jurisdiction
England and Wales
Judgment Date
08 November 2017
Procedural Posture
Appeal / Judgment on Appeal Against First Instance Decision
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Title to Land, Appeals, Burden of Proof
Property Law Civil Procedure Adverse Possession Title to Land Appeals Burden of Proof

Case Brief

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Parties

Garry McClelland

Claimant/applicant

David Elvin

First Defendant/respondent

Damien Elvin

Second Defendant/respondent

Dimitrov Lipchek

Third Defendant

Procedural Posture

Appeal / Judgment on Appeal Against First Instance Decision

Legal Issues

  1. 1 Whether the claimant acquired title to 9 Boudicca Mews by adverse possession
  2. 2 Whether the claimant was in possession for the requisite period and whether such possession was adverse
  3. 3 Whether the defendants had paper title to the property

Ratio Decidendi

The claimant failed to establish twelve years' adverse possession as required by law, as his occupation was found to be as a tenant or licensee for all or a substantial part of the relevant period, and the defendants' account of ownership and letting was preferred on the balance of probabilities.

Court Disposition

Appeal dismissed