The registered freehold owner of a house in Audley Street, London NW4, has succeeded in his Appeal Court challenge to a Central London County Court ruling that the occupier of the top-floor flat had acquired a flying freehold of the premises by way of adverse possession.
The Appeal Court judges have sent the matter back to the county court for reconsideration of the appellant’s claim for possession of the property.
They ruled that, in a case such as this, in order for the licence to be brought to an end, its terms required that the intention not to proceed must be communicated.
They said that while communication was not necessary in express terms, there had to be mutual communication from which an objective observer could have seen that the transaction was not proceeding.
Sandhu and another v Farooqui and another Court of Appeal (Auld, Mummery and Chadwick LJJ) 3 March 2003.
References: PLS News 04/03/03
