Topplan Estates Ltd v Townley

Topplan Estates Ltd v Townley

The respondent's acts after expiry of the grazing agreements constituted factual possession and manifested the requisite intention to possess the disputed land as his own. The 1993 roadworks and the respondent's lack of protest did not interrupt adverse possession of the remainder of the land, only of the specific area physically occupied for the works. The prior grazing agreements are irrelevant to the period of adverse possession. The respondent is entitled to be registered as proprietor of the land except for the temporary working area affected by the 1993 works.

Parties
Appellant: Topplan Estates Ltd; Respondent: David Townley
Jurisdiction
England and Wales
Judgment Date
27 October 2004
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Possession and Title, Grazing Licences
Land Law Civil Procedure Adverse Possession Limitation of Actions Land Registration Possession and Title Grazing Licences

Case Brief

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Parties

Topplan Estates Ltd

Appellant

David Townley

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent's acts after expiry of grazing agreements amounted to adverse possession under the Limitation Act 1980
  2. 2 Whether the 1993 roadworks interrupted the continuity of adverse possession

Ratio Decidendi

The respondent's acts after expiry of the grazing agreements constituted factual possession and manifested the requisite intention to possess the disputed land as his own. The 1993 roadworks and the respondent's lack of protest did not interrupt adverse possession of the remainder of the land, only of the specific area physically occupied for the works. The prior grazing agreements are irrelevant to the period of adverse possession. The respondent is entitled to be registered as proprietor of the land except for the temporary working area affected by the 1993 works.

Court Disposition

Appeal dismissed

Orders

  • Respondent entitled to be registered as proprietor of the land except for the temporary working area affected by the 1993 roadworks