Jonathan James White & Anor v Caroline Fromant & Anor

Jonathan James White & Anor v Caroline Fromant & Anor

The Applicants demonstrated both factual possession and intention to possess the Disputed Land for at least 12 years prior to their application, through a combination of acts consistent with exclusive control and use as an occupying owner, without permission or right of way, and with sufficient demarcation, thus satisfying the requirements for adverse possession.

Parties
Applicant: Jonathan James White; Applicant: Sandra Jane White; Respondent: Caroline Fromant; Respondent: Thomas Dudley Fromant
Jurisdiction
England and Wales
Judgment Date
11 March 2026
Procedural Posture
Land Registration Reference (adverse Possession) / First Tier Tribunal Decision
Outcome
Application for registration of title by adverse possession allowed; objection dismissed.
Legal Topics
Adverse Possession, Factual Possession, Intention to Possess, Demarcation, Land Registration Objection
Property Law Land Registration Adverse Possession Factual Possession Intention to Possess Demarcation Land Registration Objection

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 3 Party arguments 2
Sign in to unlock

Parties

Jonathan James White

Applicant

Sandra Jane White

Applicant

Caroline Fromant

Respondent

Thomas Dudley Fromant

Respondent

Procedural Posture

Land Registration Reference (adverse Possession) / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the Applicants have demonstrated factual possession and intention to possess the Disputed Land for a continuous period of 12 years prior to their application
  2. 2 Whether the Applicants' acts were sufficient to amount to adverse possession
  3. 3 Whether any acts were with permission or pursuant to a right of way

Ratio Decidendi

The Applicants demonstrated both factual possession and intention to possess the Disputed Land for at least 12 years prior to their application, through a combination of acts consistent with exclusive control and use as an occupying owner, without permission or right of way, and with sufficient demarcation, thus satisfying the requirements for adverse possession.

Court Disposition

Application for registration of title by adverse possession allowed; objection dismissed.

Orders

  • Chief Land Registrar to give effect to the Applicants’ application for registration as if the objection had not been made.
  • Respondents to pay Applicants’ costs, subject to further directions on quantum.