McClelland v Elvin & Ors

McClelland v Elvin & Ors

The claimant failed to prove possession for at least twelve years and failed to show possession was adverse, as the judge found the claimant was a tenant or licensee for all or a substantial part of the period; defendants' account of ownership and tenancy was more persuasive.

Parties
Claimant/applicant: Garry McClelland; First Defendant/respondent: David Elvin; Second Defendant/respondent: Damien Elvin; Third Defendant: Dimitrov Lipchek
Jurisdiction
England and Wales
Judgment Date
08 November 2017
Procedural Posture
Appeal / Judgment on Appeal Against Dismissal of Adverse Possession Claim
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Title to Land, Tenancy, Burden of Proof
Property Law Civil Procedure Adverse Possession Title to Land Tenancy Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Garry McClelland

Claimant/applicant

David Elvin

First Defendant/respondent

Damien Elvin

Second Defendant/respondent

Dimitrov Lipchek

Third Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Dismissal of Adverse Possession Claim

Legal Issues

  1. 1 Whether the claimant acquired title to 9 Boudicca Mews by adverse possession
  2. 2 Whether the claimant was in possession for at least twelve years
  3. 3 Whether the possession was adverse to the paper owner

Ratio Decidendi

The claimant failed to prove possession for at least twelve years and failed to show possession was adverse, as the judge found the claimant was a tenant or licensee for all or a substantial part of the period; defendants' account of ownership and tenancy was more persuasive.

Court Disposition

Appeal dismissed