J Alston & Sons Ltd v Bocm Pauls Ltd

J Alston & Sons Ltd v Bocm Pauls Ltd

The claimant was in factual possession of the orange land, with sufficient intention to possess for their own benefit, for at least 12 years after the termination of the licence in 1977. The defendant did not grant implied permission for the occupation. Therefore, the claimant acquired title by adverse possession and the defendant's title was extinguished.

Parties
Claimant: J Alston & Sons Limited; Defendant: BOCM Pauls Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2008
Procedural Posture
Civil / Judgment
Outcome
Claim succeeds; counterclaim fails.
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration
Property Law Adverse Possession Limitation of Actions Land Registration

Case Brief

Summary, issues, holding and outcome

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Parties

J Alston & Sons Limited

Claimant

BOCM Pauls Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the claimant acquired title to the disputed land by adverse possession.
  2. 2 Whether the claimant had sufficient factual possession and intention to possess for the requisite period.
  3. 3 Whether the claimant's possession was by implied permission of the defendant.

Ratio Decidendi

The claimant was in factual possession of the orange land, with sufficient intention to possess for their own benefit, for at least 12 years after the termination of the licence in 1977. The defendant did not grant implied permission for the occupation. Therefore, the claimant acquired title by adverse possession and the defendant's title was extinguished.

Court Disposition

Claim succeeds; counterclaim fails.

Orders

  • Claimant declared entitled to the disputed land by adverse possession.
  • Defendant's counterclaim dismissed.