Rashid v Nasrullah [2018] EWCA Civ 2685

The appellant (F) appealed against an order of the Upper Tribunal, made on the application of the respondent (M) who had subsequently died and was represented by his executor, directing the rectification of the land register so as to restore M’s name as the registered proprietor of certain land.   Until 1989, M had been the registered proprietor of the land in question.  In 1989, F’s father perpetrated a fraud whereby he procured both the transfer of the land to himself and his registration as its proprietor.  F was complicit in the fraud and in 1990 his father gifted the land to him and had him registered as its proprietor.   In 2011, M sought rectification of the register.  F objected arguing that he had been in adverse possession for over 20 years.

R(Best) -v- The Chief Land Registrar and the Secretary of State for Justice [2015] EWCA Civ 17

This adverse possession case did not involve a Gypsy or a Traveller but very occasionally you do come across Gypsies and Travellers who have been on land for many years where it is not clear who the owner of the land is.

The brief facts were that Mr Best had noticed an empty and vandalised property while working on a property next door in 1997. He had been told that the owner had died and that a son had not been seen for years. Mr Best entered the property and did work to it. He replaced ceilings and skirting boards, and electric and heating fitments; he plastered and painted walls. He did this intending to make it his permanent residence. He moved in at the end of January 2012.

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.