Adverse possession: aggregating periods of possession

In Site Developments (Ferndown) Ltd v Cuthbury Ltd ([2010] EWHC 10) C was the registered owner of land between land owned by S and the highway and tried to assert its ownership rights by preventing S from crossing the land or exercising any rights (such as drainage) over it. S was able to establish that C’s title had been extinguished by adverse possession. S’ predecessors had fenced the land in (possession) and used it to store caravans (intention to possess). Every time S’ land was conveyed, the new owners also took possession of C’s land. Thus, there was an unbroken chain of periods of adverse possession that extended up to the time of the conveyance to S. S’ alternative contention that section 62 of the Law of Property Act 1925 (section 16 of the Conveyancing and Property Ordinance) operated to include in the conveyance of S’ land any adverse possession rights over the disputed land failed given that S’ land and the disputed land were two separate parcels of land.

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