Akhtar & Ors v Brewster & Anor

Akhtar & Ors v Brewster & Anor

The boundary between the parties' land is to be determined by reference to longstanding topographical features, specifically the position of the green gate (and its predecessor), which was erected during the period when the original parties to the 1947 conveyance owned the land. The evidence supports that the gate marked the intended boundary, and the Claimants' evidence does not displace this inference. Alternatively, the Defendants have established title to the disputed land by adverse possession, having exercised exclusive control and acts of ownership (including granting mooring tenancies) for over 12 years prior to 1998, with no effective consent from the Claimants.

Parties
Claimant: Jane Elizabeth Akhtar; Claimant: Suleman Akhtar; Claimant: Ash Island Limited; Claimant: TW Allen and Sons (Yachts) Limited; Defendant: Christopher John Brewster; Defendant: Lynn Anne Brewster
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Civil Land/boundary Dispute / Judgment After Trial
Outcome
Judgment for the Defendants
Legal Topics
Boundary Disputes, Adverse Possession, Interpretation of Conveyances, Riparian Rights
Land Law Property Law Boundary Disputes Adverse Possession Interpretation of Conveyances Riparian Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jane Elizabeth Akhtar

Claimant

Suleman Akhtar

Claimant

Ash Island Limited

Claimant

TW Allen and Sons (Yachts) Limited

Claimant

Christopher John Brewster

Defendant

Lynn Anne Brewster

Defendant

Procedural Posture

Civil Land/boundary Dispute / Judgment After Trial

Legal Issues

  1. 1 What is the true boundary between the parties' respective parcels of land on Ash Island as created by the 1947 Conveyances?
  2. 2 If the disputed land is not within the Defendants' title, have the Defendants acquired it by adverse possession?

Ratio Decidendi

The boundary between the parties' land is to be determined by reference to longstanding topographical features, specifically the position of the green gate (and its predecessor), which was erected during the period when the original parties to the 1947 conveyance owned the land. The evidence supports that the gate marked the intended boundary, and the Claimants' evidence does not displace this inference. Alternatively, the Defendants have established title to the disputed land by adverse possession, having exercised exclusive control and acts of ownership (including granting mooring tenancies) for over 12 years prior to 1998, with no effective consent from the Claimants.

Court Disposition

Judgment for the Defendants

Orders

  • Declaration that the disputed land belongs to the Defendants as per the position of the green gate and associated features.
  • Parties to agree the precise form of order reflecting the judgment; court to resolve if disagreement.