Adverse possession and car parking

Central Midlands Estates Ltd v Leicester Dyers Ltd, 21 January, 2003 (High Court).

The court held that a claim for adverse possession failed because on the evidence the defendant had failed to establish adverse possession for the requisite 12 years. In looking at the defendant's claim to have been in possession, the court held that regular car parking on the disputed land cannot of itself constitute factual possession of, or an intention to possess, the land. There has to be something more, such as an enclosure of the land and/or putting up car parking signs, to give some outward indication that the party in possession regarded the disputed land as its own.

This item contains links to practice notes on adverse possession and easements and how both these areas of law will be affected by the Land Registration Act 2002 (expected to come into force on 13 October, 2003).

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