Couper & Ors v Albion Properties Ltd & Ors

Couper & Ors v Albion Properties Ltd & Ors

The claimants failed to establish adverse possession of the CCQ, riverbed, or anchors, failed to prove the existence of ancient mooring rights or franchise, and failed to establish any prescriptive easements. The defendants' title to the CCQ was established by chain of title and/or transfer from the Port of London Authority. The claimants' installation constitutes both private and public nuisance. The Port of London Authority is entitled to remove the claimants' works from the river. All tortious claims by the claimants (slander of title, conspiracy, misfeasance in public office, harassment) were dismissed for lack of evidence, malice, or causation.

Parties
First Claimant: Max Couper; Second Claimant: The Trustees of the Couper Collection Charitable Trust; First Defendant: Albion Properties Limited; Second Defendant: Port of London Authority; Third Defendant: Hutchison Whampoa Properties (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
08 October 2013
Procedural Posture
Civil / Final Judgment After Trial
Outcome
All claims by the claimants dismissed. Defendants' counterclaims for declarations of title, nuisance, and removal of works granted.
Legal Topics
Adverse Possession, Easements, Riparian Rights, Franchise Rights, Nuisance, Public Nuisance, Slander of Title, Misfeasance in Public Office, Harassment, Land Registration, Statutory Interpretation
Property Law Land Law Tort Law Public Law Adverse Possession Easements Riparian Rights Franchise Rights +7 more

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Parties

Max Couper

First Claimant

The Trustees of the Couper Collection Charitable Trust

Second Claimant

Albion Properties Limited

First Defendant

Port of London Authority

Second Defendant

Hutchison Whampoa Properties (Europe) Limited

Third Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimants acquired title to the Couper Collection Quay (CCQ) by adverse possession
  2. 2 Whether the claimants have 'ancient mooring rights' or a franchise to moor in the Thames
  3. 3 Whether the claimants acquired title to the riverbed and anchors by adverse possession

Ratio Decidendi

The claimants failed to establish adverse possession of the CCQ, riverbed, or anchors, failed to prove the existence of ancient mooring rights or franchise, and failed to establish any prescriptive easements. The defendants' title to the CCQ was established by chain of title and/or transfer from the Port of London Authority. The claimants' installation constitutes both private and public nuisance. The Port of London Authority is entitled to remove the claimants' works from the river. All tortious claims by the claimants (slander of title, conspiracy, misfeasance in public office, harassment) were dismissed for lack of evidence, malice, or causation.

Court Disposition

All claims by the claimants dismissed. Defendants' counterclaims for declarations of title, nuisance, and removal of works granted.

Orders

  • Declaration that Albion Properties Limited has title to the Couper Collection Quay (CCQ)
  • Declaration that the Port of London Authority is entitled to remove the claimants' works from the river