Christopher Robin Stevens v (1) Ian Michael Seifert (2) Irene Christine Seifert (Adverse possession : Adverse possession) [2019] UKFTT 105 (PC) (07 January 2019)

Christopher Robin Stevens v (1) Ian Michael Seifert (2) Irene Christine Seifert (Adverse possession : Adverse possession) [2019] UKFTT 105 (PC) (07 January 2019)

The applicant failed to establish exclusive factual possession or the necessary intention to possess the land prior to its enclosure in 2016; the land had been open to all and access was not exclusive.

Citation
[2019] UKFTT 105 (PC)
Parties
Applicant: Christopher Robin Stevens; Respondent: Ian Michael Seifert; Respondent: Irene Christine Seifert
Jurisdiction
England and Wales
Judgment Date
07 January 2019
Procedural Posture
Adverse Possession Claim / First Tier Tribunal (property Chamber) Decision
Outcome
Claim for adverse possession dismissed
Legal Topics
Adverse Possession, Intention to Possess, Factual Possession
Property Law Adverse Possession Intention to Possess Factual Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Robin Stevens

Applicant

Ian Michael Seifert

Respondent

Irene Christine Seifert

Respondent

Procedural Posture

Adverse Possession Claim / First Tier Tribunal (property Chamber) Decision

Legal Issues

  1. 1 Whether the applicant established exclusive factual possession of the land
  2. 2 Whether the applicant demonstrated the requisite intention to possess

Ratio Decidendi

The applicant failed to establish exclusive factual possession or the necessary intention to possess the land prior to its enclosure in 2016; the land had been open to all and access was not exclusive.

Court Disposition

Claim for adverse possession dismissed

Orders

  • No order for registration of title in favour of the applicant