BP Properties Ltd v Buckler [1987] EWCA Civ 2 (31 July 1987)

BP Properties Ltd v Buckler [1987] EWCA Civ 2 (31 July 1987)

Because the 1962 possession order was obtained before 12 years' adverse possession accrued, the landlord's title was not extinguished. The letters of 31 October 1974, though unilateral, granted Mrs Buckler a licence to occupy, ending adverse possession and stopping time running under the Limitation Act. Therefore, the defendant could not claim title by adverse possession.

Citation
[1987] EWCA Civ 2
Parties
Plaintiff: BP Properties Ltd; Defendant/appellant: W Buckler
Jurisdiction
England and Wales
Judgment Date
31 July 1987
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Landlord and Tenant, Licences in Land Law
Property Law Civil Procedure Adverse Possession Limitation of Actions Landlord and Tenant Licences in Land Law

Case Brief

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Parties

BP Properties Ltd

Plaintiff

W Buckler

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant acquired title to the farmhouse and garden by adverse possession under the Limitation Acts 1939 and 1980
  2. 2 Whether the letters of 31 October 1974 granted a licence and thereby interrupted adverse possession
  3. 3 Whether the landlord's title was extinguished before the letters were sent

Ratio Decidendi

Because the 1962 possession order was obtained before 12 years' adverse possession accrued, the landlord's title was not extinguished. The letters of 31 October 1974, though unilateral, granted Mrs Buckler a licence to occupy, ending adverse possession and stopping time running under the Limitation Act. Therefore, the defendant could not claim title by adverse possession.

Court Disposition

Appeal dismissed

Orders

  • Possession of the farmhouse and garden ordered in six weeks
  • Leave to appeal to the House of Lords refused