Batsford Estates (1983) Company Ltd v Taylor & Anor

Batsford Estates (1983) Company Ltd v Taylor & Anor

The occupation of the disputed land by Mr Algy Taylor and the defendants was by implied permission of the Estate, not adverse possession, as evidenced by the Estate's acceptance of the status quo and lack of overt action to recover possession. Therefore, limitation did not run against the Estate, and the defendants' claim to title by adverse possession failed.

Parties
Claimant: Batsford Estates (1983) Company Ltd; Defendant: Gerald Algy Taylor; Defendant: Margaret Taylor
Jurisdiction
England and Wales
Judgment Date
29 April 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; possession awarded to the Estate.
Legal Topics
Adverse Possession, Implied Permission, Limitation of Actions, Tenancy, Rectification of Agreements
Property Law Land Law Adverse Possession Implied Permission Limitation of Actions Tenancy Rectification of Agreements

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Batsford Estates (1983) Company Ltd

Claimant

Gerald Algy Taylor

Defendant

Margaret Taylor

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether occupation of land was by implied permission of the owner under para 8(4) of schedule 1 to the Limitation Act 1980
  2. 2 Whether adverse possession was established for the disputed land
  3. 3 Effectiveness of the notice to quit served in 1985

Ratio Decidendi

The occupation of the disputed land by Mr Algy Taylor and the defendants was by implied permission of the Estate, not adverse possession, as evidenced by the Estate's acceptance of the status quo and lack of overt action to recover possession. Therefore, limitation did not run against the Estate, and the defendants' claim to title by adverse possession failed.

Court Disposition

Appeal dismissed; possession awarded to the Estate.

Orders

  • Defendants to deliver up vacant possession of all disputed land to the Estate by specified date.
  • Declaration that defendants have no right, title, estate or interest in the disputed land.