Cyntra Properties Limited v Julie Gillborn & Anor

Cyntra Properties Limited v Julie Gillborn & Anor

Neither defendant is entitled to have the roof space above their flat registered as an accretion to their leasehold titles because they have not satisfied the 12-year adverse possession requirement and any surrender and re-grant resets the limitation period.

Parties
Claimant: Cyntra Properties Limited; Defendant: Julie Gillborn; Defendant: Kevin Paul Martin
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Civil / Default Judgment Application
Outcome
Declaration granted in favour of claimant.
Legal Topics
Adverse Possession, Doctrine of Encroachment, Leasehold Title, Declaratory Relief
Property Law Adverse Possession Doctrine of Encroachment Leasehold Title Declaratory Relief

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 8 Party arguments 2
Sign in to unlock

Parties

Cyntra Properties Limited

Claimant

Julie Gillborn

Defendant

Kevin Paul Martin

Defendant

Procedural Posture

Civil / Default Judgment Application

Legal Issues

  1. 1 Whether a tenant must show 12 years of adverse possession to claim accretion to their lease
  2. 2 Whether surrender and re-grant of lease causes time to start running again
  3. 3 Whether defendants are entitled to registration of roof space as accretion to their leaseholds

Ratio Decidendi

Neither defendant is entitled to have the roof space above their flat registered as an accretion to their leasehold titles because they have not satisfied the 12-year adverse possession requirement and any surrender and re-grant resets the limitation period.

Court Disposition

Declaration granted in favour of claimant.

Orders

  • Neither the first nor the second defendant is entitled to have the roof space above their flat registered as an accretion to their respective leasehold titles.