A couple from Hockley, Essex, have failed to establish ownership of land in Etheldore Avenue after the Court of Appeal dismissed their claim based on adverse possession.
Upholding an earlier county court ruling, the appeal court rejected the argument of Isaac and Dorothea Whitfield that they had acquired ownership through being in possession of the land for more than 12 years. Bell LJ said that the Whitfields had failed to demonstrate the necessary intention to possess the disputed land prior to February 1985.
He supported the finding of Judge Rice in the county court that they had not enclosed the disputed land with a fence until 1990 and that, when they bought the adjoining property, they were careful to ensure that stables they built did not encroach over the boundary. The placing of a caravan, a shed and a pile of manure on the disputed land was not enough to demonstrate the necessary intention.
Shorto v Whitefield and others Court of Appeal (Ward LJ and Bell J) 14 June 2000
Nicholas Caddick (instructed by Travell Horner & Partners, of Southend-on-Sea) appeared for the appellants; Stephen Jones (instructed by GD Bishop & Co, of Hockley) appeared for the respondent.
PLS News 14/6/00
