Graham & Ors v Mayrick [2006] EWCA Civ 840 (01 June 2006)

Graham & Ors v Mayrick [2006] EWCA Civ 840 (01 June 2006)

Permission to appeal granted because the two points raised—requirement to identify the dispossessed paper title owner in adverse possession, and the judge's handling of evidence and findings on exclusive possession—raise arguable points of principle and fairness, particularly as the second point arose only at the hearing and was not previously considered.

Citation
[2006] EWCA Civ 840
Parties
Claimant/respondent: Sir Alexander Michael Graham & Ors; Defendant/appellant: Brian Mayrick
Jurisdiction
England and Wales
Judgment Date
01 June 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
permission to appeal granted; stay of execution granted
Legal Topics
Adverse Possession, Appeals, Summary Judgment (cpr Part 24)
Property Law Civil Procedure Adverse Possession Appeals Summary Judgment (cpr Part 24)

Case Brief

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Parties

Sir Alexander Michael Graham & Ors

Claimant/respondent

Brian Mayrick

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether adverse possession requires identification of the paper title owner dispossessed
  2. 2 Whether the judge erred in finding the defendant had not established 12 years' adverse possession as tenant of someone other than the claimants

Ratio Decidendi

Permission to appeal granted because the two points raised—requirement to identify the dispossessed paper title owner in adverse possession, and the judge's handling of evidence and findings on exclusive possession—raise arguable points of principle and fairness, particularly as the second point arose only at the hearing and was not previously considered.

Court Disposition

permission to appeal granted; stay of execution granted

Orders

  • Permission to appeal granted
  • Stay of execution granted