Calverley Village Day Nursery Limited v Catherine Deborah Lynch & Anor.

Calverley Village Day Nursery Limited v Catherine Deborah Lynch & Anor.

The consistent use of the disputed land for parking and placing a skip from July 1991 was sufficient to establish factual possession and intention to possess to the exclusion of the paper owner before 13 October 1991, entitling Mrs Lynch to be registered as proprietor by virtue of 12 years’ adverse possession.

Parties
Appellant/claimant: Calverley Village Day Nursery Limited; Respondent/defendant: Catherine Deborah Lynch; Respondent/defendant: Select Products (Yorkshire) Ltd
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Land Registration, Trusts, Rectification, Estoppel, Trespass
Property Law Adverse Possession Land Registration Trusts Rectification Estoppel Trespass

Case Brief

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Parties

Calverley Village Day Nursery Limited

Appellant/claimant

Catherine Deborah Lynch

Respondent/defendant

Select Products (Yorkshire) Ltd

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether sufficient evidence of possession and intention to possess land by 13 October 1991 existed to entitle the trial judge to conclude that, by virtue of 12 years’ adverse possession, title to the land was held on trust for Mrs Lynch's predecessors by 13 October 2003.
  2. 2 Whether the use of the disputed land constituted factual possession and intention to possess to the exclusion of the paper owner.
  3. 3 Whether the trial judge erred by considering use after the critical date in determining adverse possession.

Ratio Decidendi

The consistent use of the disputed land for parking and placing a skip from July 1991 was sufficient to establish factual possession and intention to possess to the exclusion of the paper owner before 13 October 1991, entitling Mrs Lynch to be registered as proprietor by virtue of 12 years’ adverse possession.

Court Disposition

Appeal dismissed

Orders

  • Mrs Lynch is entitled to be registered as proprietor of the disputed land described in the schedule to the Order of 8 January 2020.