BP Properties Ltd v Buckler

Under the Limitation Act 1939 and Limitation Act 1980, a claim for possession begun before expiry of the 12-year period is not defeated by the period expiring while proceedings are pending. A possession judgment obtained in time remains enforceable, with limitation running from the judgment.

Adverse possession may be joint. Under section 10(2) of the Limitation Act 1939, a unilateral grant of rent-free occupation can end adverse possession where the occupier does not repudiate it. Acceptance or consideration is unnecessary if the paper-title owner is bound to treat the occupier as a licensee and cannot evict without determining the licence.

BP Properties Ltd, the registered proprietor of Great House Farm, claimed possession of the farmhouse and garden from Mr W Buckler. His claim depended on adverse possession by his mother and father. The former tenancy ended in 1955, a possession order was made in 1962, and enforcement was attempted in 1974.

In October 1974 BP Properties offered Mrs Buckler rent-free occupation for life and withdrew the warrant. Hollis J rejected the adverse-possession defence, holding that Mr Buckler senior had not been in adverse possession and that the letters made Mrs Buckler a licensee despite their unilateral nature. The appeal concerned whether title had already been extinguished, whether the letters interrupted adverse possession, and whether BP Properties could grant a licence before conveyance.

1. Disposition. Dillon LJ gave the leading judgment, with which Mustill LJ and Sir Edward Eveleigh agreed. The appeal was dismissed.

2. Adverse possession. Mr and Mrs Buckler were jointly in adverse possession of the farmhouse and garden from the expiry of the tenancy. The relevant intention was not confined to that of the former tenant. The court could take account of the wife’s intention and the joint occupation. An earlier commencement date based on the last payment of rent was possible, but immaterial to the result.

3. Limitation and possession proceedings. The 1962 possession proceedings were begun before 12 years of adverse possession had elapsed. Under section 4(3) of the Limitation Act 1939 and section 15 of the Limitation Act 1980, the right of action was unaffected by the later expiry of the period while proceedings remained pending. The title was not extinguished while the timely action could establish and vindicate it. Once judgment for possession had been obtained in time, it remained enforceable. The order permitting enforcement in September 1974 was made within 12 years of the 1962 judgment.

   This approach was consistent with Lord Radcliffe’s analysis in St Marylebone Property Co Ltd v Fairweather [1963] AC 510. The court also noted, without deciding the mechanics in detail, the alternative reasoning discussed in Lougher v Donovan [1948] 2 All ER 11 and W T Lamb & Sons v Rider [1948] 2 KB 331.

4. Effect of the letters. Section 10(2) of the Limitation Act 1939 applied. The letters granted Mrs Buckler a licence to occupy rent-free for life. Although she had not accepted the terms and there was no consideration, she did not repudiate them. From the standpoint of the paper-title owner, she was therefore a licensee whom BP Properties could not evict without determining the licence. Her possession ceased to be adverse. The objective legal position, rather than her undisclosed intention alone, was decisive. The technical objection that BP Properties had not yet acquired the legal title failed because it had agreed to buy the property and was prima facie able to grant the licence.

5. Possession was ordered in six weeks. Leave to appeal to the House of Lords was refused, but a stay pending a possible application was granted on terms. The costs order was subject to the stated enforcement and legal-aid taxation directions.

1. Court of Appeal (Civil Division) — Appeal dismissed; possession ordered in six weeks. [1987] EWCA Civ 2.
2. Queen's Bench Division — Hollis J, sitting in Cardiff on 24 July 1986, rejected the adverse-possession defence and made a possession order.