Colin Dawson Windows Ltd. v Borough Council of King's Lynn & West Norfolk & Anor
An implied licence was to be inferred from the correspondence and negotiations between Mrs Howard and Dawsons, preventing Dawsons from establishing twelve years' adverse possession; thus, Mrs Howard's appeal succeeds and Dawsons' claim fails.
- Parties
- Respondent/claimant: Colin Dawson Windows Ltd; 1st Defendant: Borough Council of King's Lynn & West Norfolk; Appellant/2nd Defendant: Winifred Howard
- Jurisdiction
- England and Wales
- Judgment Date
- 20 January 2005
- Procedural Posture
- Civil Appeal / Appeal From County Court Judgment
- Outcome
- appeal allowed
- Legal Topics
- Adverse Possession, Implied Licence, Paper Title, Limitation Period
Case Brief
Summary, issues, holding and outcome
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Parties
Colin Dawson Windows Ltd
Respondent/claimant
Borough Council of King's Lynn & West Norfolk
1st Defendant
Winifred Howard
Appellant/2nd Defendant
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Legal Issues
- 1 Whether Mrs Howard proved paper title to the land in question
- 2 Whether Dawsons' possession was pursuant to an implied licence, preventing adverse possession
- 3 Whether a new point regarding Mrs Howard's interest in the land could be raised on appeal
Ratio Decidendi
An implied licence was to be inferred from the correspondence and negotiations between Mrs Howard and Dawsons, preventing Dawsons from establishing twelve years' adverse possession; thus, Mrs Howard's appeal succeeds and Dawsons' claim fails.
Court Disposition
appeal allowed
Orders
- Order of HHJ Darroch set aside
- Appellant to have possession within 14 days of the land in King's Lynn, Norfolk
Full Case Text
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