Clowes Developments (UK) Ltd. v Walters & Ors

Clowes Developments (UK) Ltd. v Walters & Ors

Claire and Nigel did not have the necessary intention to possess the property adversely to Clowes Developments, as their occupation was permissive under the licence originally granted to Mrs Walters, which survived the transfer by virtue of constructive trust. Therefore, the limitation period did not run in their favour and Clowes Developments is entitled to recover possession.

Parties
Claimant: Clowes Developments (UK) Limited; Defendant: Ann Felice Walters; Defendant: Claire Elizabeth Dowsett; Defendant: Nigel Paul Dowsett
Jurisdiction
England and Wales
Judgment Date
20 April 2005
Procedural Posture
Claim for Possession / Judgment
Outcome
Claim for possession allowed; Clowes Developments entitled to recover possession.
Legal Topics
Adverse Possession, Limitation of Actions, Constructive Trust, Licence to Occupy, Transfer of Property
Property Law Civil Procedure Adverse Possession Limitation of Actions Constructive Trust Licence to Occupy Transfer of Property

Case Brief

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Parties

Clowes Developments (UK) Limited

Claimant

Ann Felice Walters

Defendant

Claire Elizabeth Dowsett

Defendant

Nigel Paul Dowsett

Defendant

Procedural Posture

Claim for Possession / Judgment

Legal Issues

  1. 1 When did the claimant's cause of action to recover possession accrue?
  2. 2 Did the defendants acquire title by adverse possession under section 15 of the Limitation Act 1980?
  3. 3 Did the transfer from Mayfair to Clowes Developments determine the licence?

Ratio Decidendi

Claire and Nigel did not have the necessary intention to possess the property adversely to Clowes Developments, as their occupation was permissive under the licence originally granted to Mrs Walters, which survived the transfer by virtue of constructive trust. Therefore, the limitation period did not run in their favour and Clowes Developments is entitled to recover possession.

Court Disposition

Claim for possession allowed; Clowes Developments entitled to recover possession.

Orders

  • Clowes Developments (UK) Limited is entitled to possession of Boulton Edge Farm, Back Lane, Chellaston, Derby.