IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATION FOR PERMISSION TO APPEAL AND A STAY OF EXECUTION
Strand London WC2 Thursday, 6th December 2001 |
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B e f o r e :
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BENNETT and Another | ||
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LEWIS and Another |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2HD
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
The Respondent was not represented and did not attend
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Crown Copyright ©
"The first transfer plan is not accurately to scale, but in my judgment it is clear in showing that Unit 4 does not stop at the low brick wall, but extends into the amenity land."
"Actual occupation is to be given its ordinary meaning. In the present case, the Bennetts edged the land, turfed it, cultivated it and built the mock well on it. In my judgment they were in actual occupation of it."
"they [that is Mr and Mrs Lewis] knew full well that the Bennetts claimed the strip as their own."