Tennant & Anor v Adamczyk & Anor

Tennant & Anor v Adamczyk & Anor

The respondents' acts prior to October 1991 did not amount to dispossession or adverse possession of the disputed land; there was no sufficient factual possession or intention to possess to the exclusion of the appellants before the critical date. Therefore, the claim was not statute barred and the trial judge erred...

Source-derived case information.

Parties
Appellant: Barrie Tennant; Appellant: Eric Burke; Respondent: Richard Adamczyk; Respondent: William Ellis
Jurisdiction
England and Wales
Judgment Date
04 October 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Boundary Disputes
Property Law Civil Procedure Adverse Possession Limitation of Actions Land Registration Boundary Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Barrie Tennant

Appellant

Eric Burke

Appellant

Richard Adamczyk

Respondent

William Ellis

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claim to recover land was statute barred by adverse possession under the Limitation Act 1980
  2. 2 Whether the respondents had acquired title by adverse possession before the critical date in October 1991

Ratio Decidendi

The respondents' acts prior to October 1991 did not amount to dispossession or adverse possession of the disputed land; there was no sufficient factual possession or intention to possess to the exclusion of the appellants before the critical date. Therefore, the claim was not statute barred and the trial judge erred in holding otherwise.

Court Disposition

appeal allowed

Orders

  • Declaration that the appellants own the disputed land as contended in the Particulars of Claim and Plan A.
  • Declaration as to the true boundary as contended for by the appellants.