Generay Ltd v Containerised Storage Company Ltd

Generay Ltd v Containerised Storage Company Ltd

Generay acquired title by adverse possession to the strip except for the northernmost 100 feet or so, where temporary self-exclusion by fencing interrupted the required period of possession, thus CSC retained title to that part.

Parties
Claimant/respondent: Generay Limited; Defendant/appellant: The Containerised Storage Company Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Boundary Disputes
Property Law Adverse Possession Limitation of Actions Land Registration Boundary Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Generay Limited

Claimant/respondent

The Containerised Storage Company Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

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 the squatter interrupted adverse possession

Ratio Decidendi

Generay acquired title by adverse possession to the strip except for the northernmost 100 feet or so, where temporary self-exclusion by fencing interrupted the required period of possession, thus CSC retained title to that part.

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