Cook v Bates

Cook v Bates

There are arguable issues as to whether the right of way with vehicles has been abandoned, whether Mr Bates has acquired possessory title by adverse possession, and whether proprietary estoppel may apply. These issues justify granting permission to appeal and an extension of time.

Parties
Claimant/respondent: Nicola Cook; First Defendant/first Appellant: Derek Bates; Second Defendant/second Appellant: Margaret Bates
Jurisdiction
England and Wales
Judgment Date
26 November 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Permission to appeal and extension of time granted; stay of orders pending appeal; expedition directed.
Legal Topics
Right of Way, Adverse Possession, Proprietary Estoppel, Boundary Disputes
Property Law Right of Way Adverse Possession Proprietary Estoppel Boundary Disputes

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Parties

Nicola Cook

Claimant/respondent

Derek Bates

First Defendant/first Appellant

Margaret Bates

Second Defendant/second Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the right of way with vehicles in favour of No 13 has been abandoned
  2. 2 Whether Mr Bates has established a possessory title by adverse possession to the land encroached by the garage
  3. 3 Whether proprietary estoppel applies to the encroached land

Ratio Decidendi

There are arguable issues as to whether the right of way with vehicles has been abandoned, whether Mr Bates has acquired possessory title by adverse possession, and whether proprietary estoppel may apply. These issues justify granting permission to appeal and an extension of time.

Court Disposition

Permission to appeal and extension of time granted; stay of orders pending appeal; expedition directed.

Orders

  • Permission to appeal granted
  • Extension of time to appeal granted