Port of London Authority v Ashmore [2009] EWHC 954 (Ch) (08 May 2009)

Port of London Authority v Ashmore [2009] EWHC 954 (Ch) (08 May 2009)

It is possible for the owner of a vessel moored in a particular place on a tidal river to acquire title by adverse possession to the part of the river bed where the vessel rests at low tide, even if the vessel does not have continuous physical contact with the bed, provided there is sufficient factual possession and intention to possess. In this case, Mr. Ashmore established both elements and thus acquired title to the relevant part of the bed of the Thames.

Citation
[2009] EWHC 954 (Ch)
Parties
Claimant: Port of London Authority; Defendant: Rupert Gerald Ashmore
Jurisdiction
England and Wales
Judgment Date
08 May 2009
Procedural Posture
Civil / Preliminary Issue Trial
Outcome
Claim for possession of the river bed by the Authority dismissed; Mr. Ashmore found to have acquired title by adverse possession to the relevant part of the river bed.
Legal Topics
Adverse Possession, Tidal River Bed, Foreshore, Unregistered Land
Property Law Adverse Possession Tidal River Bed Foreshore Unregistered Land

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Parties

Port of London Authority

Claimant

Rupert Gerald Ashmore

Defendant

Procedural Posture

Civil / Preliminary Issue Trial

Legal Issues

  1. 1 Whether the owner of a vessel moored in a particular place on a tidal river can acquire title by adverse possession to the river bed or foreshore for the footprint of that vessel where the title is unregistered and the vessel rests on the bed at low tide.

Ratio Decidendi

It is possible for the owner of a vessel moored in a particular place on a tidal river to acquire title by adverse possession to the part of the river bed where the vessel rests at low tide, even if the vessel does not have continuous physical contact with the bed, provided there is sufficient factual possession and intention to possess. In this case, Mr. Ashmore established both elements and thus acquired title to the relevant part of the bed of the Thames.

Court Disposition

Claim for possession of the river bed by the Authority dismissed; Mr. Ashmore found to have acquired title by adverse possession to the relevant part of the river bed.

Orders

  • Declaration that Mr. Ashmore has acquired title by adverse possession to the area of the river bed where Atrato has rested and its associated envelope.