Adverse possession judgment

[Amethyst]

For interest - Thorpe v Frank [2019] EWCA Civ 15
https://www.bailii.org/ew/cases/EWCA...50.pdf#page=22

This is over a small triangle of land generally used for access to both properties but paved, tended and treat as a front garden/parking by one property owner occasionally used as access by the neighbour ( who was originally the registered owner of the triangle in dispute ) ....all was well until she put up a small fence between the properties to stop people/ vehicles crossing her garden to get to her neighbours property... then it kicked off and ended up in the court of appeal at the RCJ.

Darent think how much the argument cost everyone.

1. It seems to me that if one has properties with adjoining open forecourts, as here, and one property owner takes it upon himself to rip up the old paving of part of the forecourts, to alter the surface level and to relay a permanent new surface over that part made out of materials of his own choosing, that is precisely the sort of action which an occupying owner would quite normally carry out on land of this character, even if, after the work, his neighbour continued to pass and repass over part of the area as before.
2. For these reasons, in my judgment, Mrs Thorpe established possession of the disputed land for the relevant period and the FTT was correct to uphold her claim. I would, therefore, allow her appeal.

I've very helpfully, and extremely accurately, highlighted the disputed land....



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