Pleming v Hampton & Anor

The respondents acquired title to the disputed land by adverse possession as they demonstrated factual possession and intention to possess; the counterclaim for transfer of the 2-foot strip failed as the promise was not made by the owner or with her authority, and there was no unconscionability or proprietary estoppel.

Parties: Appellant: Juliet Ella Pleming; Respondent: Peter Roderick Nigel Hampton; Respondent: Alison Muriel Jean Hampton
Jurisdiction: England and Wales
Judgment Date: 12 March 2004
Procedural Posture: Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome: appeal and cross-appeal dismissed
Legal Topics: Adverse Possession, Proprietary Estoppel, Constructive Trust, Boundary Disputes

Land Law Property Law Equity Adverse Possession Proprietary Estoppel Constructive Trust Boundary Disputes

Case Brief

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Parties

Juliet Ella Pleming

Appellant

Peter Roderick Nigel Hampton

Respondent

Alison Muriel Jean Hampton

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

1 Whether the respondents acquired title to disputed land by adverse possession
2 Whether the respondents were entitled to a transfer of a 2-foot strip of land based on proprietary estoppel or constructive trust

Ratio Decidendi

Court Disposition

appeal and cross-appeal dismissed

Orders

Respondents to be registered as proprietors of the disputed land as per the annexed plan
No order as to costs