Roberts v Swangrove Estates Ltd & Anor

Roberts v Swangrove Estates Ltd & Anor

Swangrove Estates Limited and its predecessors acquired title to Caerleon and the Welsh sliver by adverse possession, having exercised unbroken, obvious, and exclusive possession with the necessary animus possidendi for the statutory period. The Crown Estate Commissioners acquired title to Magor and the Eastern sliver by adverse possession, with sufficient acts of possession and animus possidendi. Swangrove's claim to Mathern fails for lack of sufficient acts of possession. The outcome as to the Porton Green Area (PGA) depends on whether the Third Defendant's several fishery includes the soil; if not, adverse possession is made out, but this must await determination of paper title in the...

Parties
Claimant: Mark Andrew Roberts (suing under the name of Mark Andrew Tudor, Lord Marcher of Trelleck); First Defendant: Swangrove Estates Limited; Second Defendant: Crown Estate Commissioners; Third Defendant: John Wardlaw Hanbury-Tenison
Jurisdiction
England and Wales
Judgment Date
14 March 2007
Procedural Posture
Civil / Judgment on Preliminary Issues (adverse Possession)
Outcome
Swangrove's claim to Mathern fails; its claims to Caerleon and the Welsh sliver succeed. The Crown Estate Commissioners' claims to Magor and the Eastern sliver succeed. The outcome as to the Porton Green Area (PGA) is reserved pending determination of paper title in the main action.
Legal Topics
Adverse Possession, Limitation Periods, Foreshore and Riverbed Ownership, Paper Title Vs Possession, Crown Rights, Exclusive Possession, Animus Possidendi
Land Law Property Law Limitation Law Adverse Possession Limitation Periods Foreshore and Riverbed Ownership Paper Title Vs Possession Crown Rights +2 more

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Parties

Mark Andrew Roberts (suing under the name of Mark Andrew Tudor, Lord Marcher of Trelleck)

Claimant

Swangrove Estates Limited

First Defendant

Crown Estate Commissioners

Second Defendant

John Wardlaw Hanbury-Tenison

Third Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues (adverse Possession)

Legal Issues

  1. 1 Whether the Defendants or their predecessors acquired title to disputed areas by adverse possession against the Claimant or his predecessors.
  2. 2 Whether acts of possession and animus possidendi were sufficiently proved for the relevant limitation period.
  3. 3 Whether the Crown can acquire title by adverse possession against a subject.

Ratio Decidendi

Swangrove Estates Limited and its predecessors acquired title to Caerleon and the Welsh sliver by adverse possession, having exercised unbroken, obvious, and exclusive possession with the necessary animus possidendi for the statutory period. The Crown Estate Commissioners acquired title to Magor and the Eastern sliver by adverse possession, with sufficient acts of possession and animus possidendi. Swangrove's claim to Mathern fails for lack of sufficient acts of possession. The outcome as to the Porton Green Area (PGA) depends on whether the Third Defendant's several fishery includes the soil; if not, adverse possession is made out, but this must await determination of paper title in the...

Court Disposition

Swangrove's claim to Mathern fails; its claims to Caerleon and the Welsh sliver succeed. The Crown Estate Commissioners' claims to Magor and the Eastern sliver succeed. The outcome as to the Porton Green Area (PGA) is reserved pending determination of paper title in the main action.

Orders

  • Swangrove Estates Limited declared to have acquired title by adverse possession to Caerleon and the Welsh sliver.
  • Crown Estate Commissioners declared to have acquired title by adverse possession to Magor and the Eastern sliver.