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Tennant v Adamczyk (2005)

A judge erred in holding that a claim for possession by the registered owners of land was disbarred by the Limitation Act 1980 due to the adverse possession of the land by an occupier when on the facts of the case no dispossession had actually occurred by the relevant date.

14 October 2005

The appellants (T) appealed against a decision that their title to land had been extinguished by the operation of the Limitation Act 1980. In 2003 T had commenced proceedings against the respondents (R) for the removal of a fence on a plot of land and for a declaration that T, as the registered owners, owned the land. The land in question formed part of a yard that separated two commercial units on a business park. T owned one unit and R the other. In response R contended that the claim was barred under the Act as they were in adverse possession of the land throughout the limitation period for the commencement of a claim. In particular R averred that it had used the land before 1991 for a variety of acts including the parking of vehicles and delivery of goods. The judge determined that R's acts, in particular the erection of an enclosing fence in 1992, were indicative and affirmative that R were in adverse possession of the land by the critical date under the Act. HELD: Appeal allow...

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