London Borough Of Lambeth v Blackburn

For adverse possession, the critical mental element is an intention to possess land exclusively, including against the paper-title owner, so far as reasonably practicable and as the law permits. An intention to own or acquire ownership is unnecessary. A squatter’s willingness to pay rent, accept a lease or leave if the owner appeared does not necessarily negate that intention. Such evidence may provide a tenable argument that a lower court applied the test too strictly. The Court of Appeal granted permission to appeal without finally deciding whether adverse possession had been established.

The defendant occupied a fire-damaged council flat from February 1988 and claimed adverse possession after more than 12 years. His Honour Judge Cox found continuous de facto occupation and improvements, but held that the defendant lacked the requisite intention because he regarded the flat as temporary and would have co-operated with the council if approached to regularise the occupation.

Permission to appeal was refused on paper by Simon Brown LJ. The renewed application concerned whether a squatter needed an intention to own the property, rather than merely an intention to possess and exclude the owner and the world at large, and whether the defendant’s evidence and installation of a Yale lock were sufficient to raise a reasonable prospect of success.

1. Disposition. Arden LJ extended time for the one-day delay, granted permission to appeal and granted a stay of execution. The costs of the application were costs in the appeal. The appeal was directed to be heard with expedition before a three-judge court, with a time estimate of three hours.
2. Animus possidendi. The proposed appeal had a reasonable prospect of success because the county judge may have required too much. In Buckinghamshire County Council v Moran 1990 Ch 623, the relevant intention was an intention, in one’s own name and on one’s own behalf, to exclude the world at large, including the paper-title owner, so far as reasonably practicable and as the law permits. An intention to own or acquire ownership was not required. The passage in Powell v McFarlane (1977) 38 P&CR 471 was considered in that context.
3. Effect of willingness to regularise occupation. Ocean Estates Ltd v Pinder [1969] 2 AC 19 was persuasive, although the relevant point had not been decisive in that case. It supported a tenable argument that a candid squatter’s willingness to pay rent, take a lease or leave if the owner appeared did not necessarily disprove animus possidendi.
4. Evidence of exclusion. The installation of the Yale lock could also arguably demonstrate an intention to exclude the owner and others, particularly in light of the defendant’s evidence that without the lock someone could have removed him. The Court did not finally determine whether adverse possession was established. Pill LJ agreed with Arden LJ.

1. Court of Appeal (Civil Division): In [2001] EWCA Civ 668, the court extended time, granted permission to appeal and granted a stay of execution, with costs in the appeal.
2. Lambeth County Court: His Honour Judge Cox ordered the defendant to give up possession of Flat 6, Granville House, by an order dated 19 February 2001.