An elderly King’s Lynn woman has fought off a squatter’s claim for possession of land that she had vacated in 1958.
The Court of Appeal upheld Winifred Howard’s claim that Colin Dawson Windows, which had been using the land for parking since 1987, had failed to establish the requisite 12 years’ adverse possession.
Two appeal judges unanimously ruled that because the parties had entered into negotiations for a sale of the land in 1991, Colin Dawson had, prior to that date, possessed the site by virtue of an implied licence from Howard, even though no sale had ever taken place.
Rix LJ said that letters passing between the parties had implied that the company could continue using the land as a car park only if the negotiations proceeded to a sale. “It is natural to draw an inference of permission where a person is in possession pending negotiations for the grant of an interest in the land,” he said.
The judge held that Colin Dawson could therefore establish its intention to possess the site only after 1991, less than 12 years before Howard had issued a counterclaim for the land in 2003.
Howard had lived in a terraced house on the site, which adjoins North End Yard, until 1958, when the row of houses was demolished under a clearance order.
In 1987, Colin Dawson approached the various owners of the site with a view to purchasing the land. However, by August 1991, the negotiations with Howard had “faded out”.
The Appeal Court has now overturned a 2003 decision by Judge Darroch, sitting in Norwich County Court, that Colin Dawson had acquired ownership of the site by adverse possession.
Colin Dawson Windows Ltd v King’s Lynn and West Norfolk Borough Council and another Court of Appeal (Rix and Jonathan Parker LJJ) 20 January 2005.
Nicholas Caddick and George Hayman (instructed by Dawbarns Pearson, of King’s Lynn) appeared for the appellant; David Berry (instructed by Berry & Walton, of King’s Lynn) appeared for the respondent.
References: EGi Legal News 21/01/04
