Fowles v Heathrow Airport Ltd

The judge found no real prospect of success on adverse possession as exclusive possession was not established until 1992, less than the required 12 years. The Breach of Condition notice was valid as it could specify part of a condition. Permission to appeal was granted only on grounds relating to the interpretation of enforcement and planning notices and entitlement to a new tenancy.

Parties: Appellant: Fowles; Respondent: Heathrow Airport Ltd
Jurisdiction: England and Wales
Judgment Date: 10 June 2008
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: application granted in part
Legal Topics: Adverse Possession, Breach of Condition Notice, Enforcement Notice, Certificate of Lawful Existing Use and Development, Tenancy Termination

Land Law Planning Law Adverse Possession Breach of Condition Notice Enforcement Notice Certificate of Lawful Existing Use and Development Tenancy Termination

Case Brief

Summary, issues, holding and outcome

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Parties

Fowles

Appellant

Heathrow Airport Ltd

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the appellant acquired title by adverse possession
2 Validity of the Breach of Condition notice under section 187A of the Town and Country Planning Act 1990
3 Interpretation of enforcement and planning notices

Ratio Decidendi

Court Disposition

application granted in part

Orders

Permission to appeal refused on grounds 1-9 (adverse possession and breach of condition notice).
Permission to appeal granted on grounds 10-15 (enforcement notice, certificate of lawful use, new tenancy).