The Court of Appeal in London has ruled that the act of ripping up an old surface and replacing it is capable of indicating factual possession.
The three-judge panel was ruling on a dispute between the owners of two neighbouring bungalows in York, numbers 8 and 9 Harcourt Close.
The owner of number 9 has been seeking to have a parking space at the front of the buildings incorporated into her freehold. The owners of number 8 have been disputing this.
The owner of number 9 is claiming “adverse possession”, saying that she has been using the area without challenge for more than 12 years.
According to the ruling, the owner of number 9 bought the bungalow in 1984 from a person who believed the land to be hers and had planted a garden on it.
In 1985 the new owner ripped up the garden and had it paved over. She has been using the space as a parking spot ever since.
In the judgment, Lord Justice McCombe ruled that her repaving “could hardly be a clearer act of possession”.
The legal authorities “indicate clearly that the act of ripping up an old surface covering and replacing it with another of a permanent character is well capable of constituting a taking of factual possession”.
