Landlord's claim to adverse possession by tenant

Adams v Batt, 11 May, 2001 (High Court).

In this case, the claimant was claiming adverse possession under the presumption in Kingsmill v Millard [1855] 11 Exch 313, that where a tenant encroaches on a third party's land, that encroachment enures for the benefit of the tenant's landlord, in the absence of evidence of contrary intention.

The High Court declined to decide on whether the scope of the Kingsmill presumption should be qualified but decided that not only did the tenant not have the requisite intention to possess the land to establish adverse possession, but that the operation of the presumption would have meant that any land acquired would have enured for the benefit of the landlord at the time the tenancy came to an end. The claimant had not been the landlord then and therefore had no claim.

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