Palfrey v Wilson & Anor

Palfrey v Wilson & Anor

The Respondents, through their predecessor, established adverse possession of the wall by exclusive acts of ownership and maintenance from at least 1976, dispossessing the paper owner. The trial judge's findings were supported by evidence and not disturbed on appeal. The costs order, including indemnity costs from the date of the reasonable settlement offer, was within the judge's discretion and not erroneous.

Parties
Appellant/claimant: Palfrey; Respondents/defendants: Wilson & Anr.
Jurisdiction
England and Wales
Judgment Date
15 February 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Boundary Disputes, Costs Orders
Property Law Civil Procedure Adverse Possession Boundary Disputes Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Palfrey

Appellant/claimant

Wilson & Anr.

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Respondents acquired title to the disputed wall by adverse possession
  2. 2 Whether the trial judge erred in his findings of fact and application of the law on adverse possession
  3. 3 Whether the costs order, including indemnity costs, was properly made

Ratio Decidendi

The Respondents, through their predecessor, established adverse possession of the wall by exclusive acts of ownership and maintenance from at least 1976, dispossessing the paper owner. The trial judge's findings were supported by evidence and not disturbed on appeal. The costs order, including indemnity costs from the date of the reasonable settlement offer, was within the judge's discretion and not erroneous.

Court Disposition

Appeal dismissed

Orders

  • Substantive appeal dismissed; trial judge's order confirmed
  • Application for permission to appeal costs order refused