Port of London Authority v Ashmore

Port of London Authority v Ashmore

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 footprint of the vessel on the river bed where the title has not been registered and the vessel rests on the bed at low tide. Mr. Ashmore established both factual possession and intention to possess the relevant part of the river bed for the required period.

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 by Port of London Authority dismissed; Mr. Ashmore found to have acquired title by adverse possession to the relevant part of the river bed.
Legal Topics
Adverse Possession, Title to River Bed, Public Right of Navigation, Foreshore Rights
Property Law Adverse Possession Title to River Bed Public Right of Navigation Foreshore Rights

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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 tidal river can acquire title by adverse possession to the river bed or foreshore for the footprint of the vessel where the title has not been registered 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 footprint of the vessel on the river bed where the title has not been registered and the vessel rests on the bed at low tide. Mr. Ashmore established both factual possession and intention to possess the relevant part of the river bed for the required period.

Court Disposition

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

Orders

  • Mr. Ashmore declared to have acquired title by adverse possession to the area of the river bed beneath Atrato's footprint, including space above the bed and air column to a reasonable height.