header-logo header-logo

Factual possession

05 February 2009
Issue: 7355 / Categories: Features , Property
printer mail-detail

William Byrne sheds some light on uncertainties in adverse possession

Just outside Wymondham in Norfolk there stands a now derelict animal feed mill. The mill sits on the northern four acres of a 10-acre plot. The remaining six or so acres to the south (identified at trial as “the orange land”) bounds open farm land on three sides and, since at least the 1960s, was traditionally cultivated by a local farmer with permission from the mill owners.

In March 1974, the claimant, J Alston & Sons Limited, purchased a local farm and was given the opportunity to farm the orange land with the permission of the mill owner, Barkers & Lee Smith (Norfolk) Limited. Barkers nevertheless wanted to retain the ability to expand the mill into it should the need arise. They had no wish to cross swords with the Agricultural Holdings Act 1986 and, to this end, they insisted upon written confirmation from Alan Alston, the owner of the J Alston & Sons, that he would possess the land as a “mere licensee, paying no rent” and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll