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Inglewood Investment Co Ltd v Baker

22 November 2002

Adverse Possession - Erection of fence open to more than one interpretation - Defendant had not made intention to exclude paper owner plain to world at large - On evidence defendant failed to establish requisite intention to possess as well as actual possession - Limitation Act 1980, s 15 The claimant owned the paper title to a triangular parcel of unregistered woodland of about 0.8 acres in area. The land formed only a small part of a very much larger parcel of land acquired by the claimant in 1954 the bulk of which was let to the Forestry Commission. In 1996 the defendant erected portacabins on the land. The claimant alleged that the defendant was trespassing on the land and the defendant claimed to have acquired title to the land by adverse possession pursuant to s 15 of the Limitation Act 1980. At trial the judge found that the defendant had erected a fence in 1984 but that the fence was primarily to keep sheep in and not to exclude the rest of the world including the paper own...

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