Social Welfare Lawyers in the Centre of Birmingham

Adverse Possession

Milton Keynes Council v Nathan Wilsher and Persons Unknown [2022] EWHC 578 (QB), 23 March 2022.

The Claimant was the registered proprietor of Two Mile Ash Farm. The dispute concerned three fields ( ‘the Land’) that formed part of the land. The Claimant took action against the First Defendant as a trespasser. The First Defendant defended the action on the basis of adverse possession.

The relevant provisions of the Land Registration Act 2002 came into force on 13 October 2003. The First Defendant accepted that he could not satisfy the requirements of the 2002 Act so as to obtain registration on the basis of adverse possession since October 2003. However Mr Justice Eyre accepted on the evidence that the First Defendant and his father before him had been in adverse possession of the Land by grazing horses and other livestock for a period of at least 12 years before 13 October 2003.

Thanks to Tim Jones of No 5 Chambers, who acted for Mr Wilsher, for bringing this case to our attention.