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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Alice Elizabeth Miller v David Goodfellow (Adverse possession : Adverse possession) [2019] UKFTT 16 (PC) (20 November 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/16.html
Cite as: [2019] UKFTT 16 (PC)
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Decision summary
REF/2017/0752
| Case reference | REF/2017/0752 |
|---|---|
| Date of decision | 20/11/2018 |
| Adjudicator | Mr Adrian Jack |
| Applicant | Alice Elizabeth Miller |
| Respondent | David Goodfellow |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Factual possession |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Factual possession |
| Decision notes | [2019] UKFTT 16 (PC). The disputed land lay between two end-of-terrace houses. Until about 1975 the land had formed an alleyway to a pathway running along the back of the two properties. In about 1975 the then-freeholders of 75 and 77 blocked the alleyway. The back part was divided into two and added to each of the freeholders’ gardens. There was no dispute about this part of the land. The front part onto the road (the disputed land) was used by 77 for off-street parking. However, there was also access for 75 to and from 75’s back garden across the disputed land. This access was regularly used by 75 for putting its rubbish bins out. 77 claimed adverse possession of the disputed land. 75 objected. HELD that 77’s possession was not exclusive; it was shared with 75. Accordingly, 77 could not assert adverse possession against 75. |
| Download decision(s) | [2019] UKFTT 16 (PC) |