Re a notice of reference by Lichfield District Council

Re a notice of reference by Lichfield District Council

The property must be valued as amenity land with no ransom value, as the adjoining owner would likely succeed in an adverse possession claim and/or has prescriptive rights of access, eliminating any premium. The open market value is £4,150 based on comparable evidence.

Parties
Acquiring Authority: Lichfield District Council; Respondent: Unknown owner
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
Compulsory Purchase Compensation Reference / Determination of Compensation on Written Representations
Outcome
Compensation determined and ordered to be paid into Court.
Legal Topics
Compensation for Compulsory Acquisition, Adverse Possession, Valuation of Amenity Land, Prescriptive Rights
Compulsory Purchase Land Law Compensation for Compulsory Acquisition Adverse Possession Valuation of Amenity Land Prescriptive Rights

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Parties

Lichfield District Council

Acquiring Authority

Unknown owner

Respondent

Procedural Posture

Compulsory Purchase Compensation Reference / Determination of Compensation on Written Representations

Legal Issues

  1. 1 Amount of compensation payable for compulsory acquisition of unregistered land with untraceable owner
  2. 2 Whether the land holds ransom value or marriage value for the adjoining development site
  3. 3 Appropriate valuation method for amenity land with potential adverse possession and prescriptive rights

Ratio Decidendi

The property must be valued as amenity land with no ransom value, as the adjoining owner would likely succeed in an adverse possession claim and/or has prescriptive rights of access, eliminating any premium. The open market value is £4,150 based on comparable evidence.

Court Disposition

Compensation determined and ordered to be paid into Court.

Orders

  • Lichfield District Council to pay £4,150 into Court as compensation for the compulsory acquisition of the property.