Calverley Village Day Nursery Ltd v Lynch & Anor [2022] EWHC 1855 (Ch) (22 July 2022)

Calverley Village Day Nursery Ltd v Lynch & Anor [2022] EWHC 1855 (Ch) (22 July 2022)

The evidence established that the respondents and their predecessors had factual possession and the requisite intention to possess the disputed land (two car parking spaces) from July 1991, by placing a skip and parking a car there continuously and exclusively for at least 12 years. This use was sufficient to dispossess the paper owner and was not merely equivocal or in the nature of an easement. The trial judge was entitled to find that adverse possession was established before 13 October 2003.

Citation
[2022] EWHC 1855 (Ch)
Parties
Appellant/claimant: Calverley Village Day Nursery Limited; First Respondent/defendant: Catherine Deborah Lynch; Second Respondent/defendant: Select Products (Yorkshire) Ltd
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Chancery Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Trusts of Land, Land Registration, Rectification of Transfer, Proprietary Estoppel, Easements
Property Law Land Law Adverse Possession Trusts of Land Land Registration Rectification of Transfer Proprietary Estoppel Easements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Calverley Village Day Nursery Limited

Appellant/claimant

Catherine Deborah Lynch

First Respondent/defendant

Select Products (Yorkshire) Ltd

Second Respondent/defendant

Procedural Posture

Chancery Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether there was sufficient evidence of possession and intention to possess the disputed land by 13 October 1991 to establish 12 years' adverse possession under the Land Registration Act 1925 and Limitation Act 1980
  2. 2 Whether the use of the land constituted factual possession and intention to possess to the exclusion of the paper owner
  3. 3 Whether the trial judge erred by considering post-13 October 1991 acts in assessing adverse possession

Ratio Decidendi

The evidence established that the respondents and their predecessors had factual possession and the requisite intention to possess the disputed land (two car parking spaces) from July 1991, by placing a skip and parking a car there continuously and exclusively for at least 12 years. This use was sufficient to dispossess the paper owner and was not merely equivocal or in the nature of an easement. The trial judge was entitled to find that adverse possession was established before 13 October 2003.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The order of HHJ Gosnell declaring that the disputed land is held in trust for Mrs Lynch, who is entitled to be registered as proprietor, stands.