Belford v Glass [2014] NIQB 134 (22 December 2014)

Belford v Glass [2014] NIQB 134 (22 December 2014)

Roy's occupation of the Stump was permissive, not adverse, as it was with Bill's consent and there was no evidence Roy asserted possession in his own right. Therefore, the requirements for adverse possession under the Limitation (Northern Ireland) Order 1989 were not met.

Citation
[2014] NIQB 134
Parties
Appellant/defendant: Deane Belford as personal representative of the estate of John Dale Raymond Sandford deceased; Respondent/plaintiff: Ivan Glass as personal representative of the estate of William Robert Jacob Sandford deceased
Jurisdiction
Northern Ireland
Judgment Date
22 December 2014
Procedural Posture
Civil Appeal / Appeal From County Court to High Court
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Title to Land, Family Property Disputes
Property Law Civil Procedure Adverse Possession Limitation of Actions Title to Land Family Property Disputes

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Parties

Deane Belford as personal representative of the estate of John Dale Raymond Sandford deceased

Appellant/defendant

Ivan Glass as personal representative of the estate of William Robert Jacob Sandford deceased

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From County Court to High Court

Legal Issues

  1. 1 Whether Roy (deceased) acquired possessory title to the Stump by adverse possession against Bill (deceased) or his estate
  2. 2 Whether Roy's occupation was permissive or adverse under the Limitation (Northern Ireland) Order 1989

Ratio Decidendi

Roy's occupation of the Stump was permissive, not adverse, as it was with Bill's consent and there was no evidence Roy asserted possession in his own right. Therefore, the requirements for adverse possession under the Limitation (Northern Ireland) Order 1989 were not met.

Court Disposition

appeal dismissed