Karam Aly v John Simon Esplen & Ors

Karam Aly v John Simon Esplen & Ors

Applicant failed to establish, on the balance of probabilities, that acts amounting to adverse possession were carried out for the requisite 12-year period prior to 8th November 2022; evidence was insufficient, inconsistent, and equivocal, and did not demonstrate factual possession or intention to possess the Property.

Parties
Applicant: Karam Aly; First Respondent: John Simon Esplen; Second Respondent: Christine Wineyard; Third Respondent: Colin Morris
Jurisdiction
England and Wales
Judgment Date
27 January 2026
Procedural Posture
Land Registration Reference / Final Judgment
Outcome
Applicant's application for first registration based on adverse possession is dismissed; First Respondent's application for first registration based on paper title is allowed.
Legal Topics
Adverse Possession, First Registration, Paper Title, Limitation
Property Law Adverse Possession First Registration Paper Title Limitation

Case Brief

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Parties

Karam Aly

Applicant

John Simon Esplen

First Respondent

Christine Wineyard

Second Respondent

Colin Morris

Third Respondent

Procedural Posture

Land Registration Reference / Final Judgment

Legal Issues

  1. 1 Whether the Applicant can demonstrate a continuous 12-year period of adverse possession prior to 8th November 2022
  2. 2 Whether acts relied upon by the Applicant amount to factual possession and intention to possess the Property

Ratio Decidendi

Applicant failed to establish, on the balance of probabilities, that acts amounting to adverse possession were carried out for the requisite 12-year period prior to 8th November 2022; evidence was insufficient, inconsistent, and equivocal, and did not demonstrate factual possession or intention to possess the Property.

Court Disposition

Applicant's application for first registration based on adverse possession is dismissed; First Respondent's application for first registration based on paper title is allowed.

Orders

  • Chief Land Registrar to cancel Applicant's application and give effect to First Respondent's application as if Applicant's objection had not been made.
  • Any application for costs to be submitted by 24th February 2026; further directions to follow.