Social Welfare Lawyers in the Centre of Birmingham

Devanney -v- London Borough of Hounslow

Devanney – v – London Borough of Hounslow [2012] EWCA Civ 1660, 13 December 2012 

Albeit a rare occurrence, occasionally Gypsies and Travellers may wish to claim adverse possession of land that they have occupied for a very long time. This case did not involve a Traveller.

For a number of years Mr Devanney operated a mobile café from a lay-by on the outskirts of Heathrow Airport. The local authority sought possession of the land. Mr Devanney defended on the basis that he had obtained adverse possession of the site where the café was based. Mr Devanney’s Defence failed because he could not show factual possession of the site for the requisite 12 year period.

A copy of the judgment is attached to this article.