Land

T Bourne & Son Limited v (1) Katherine Anne McGann (2) Melvyn McGann (Adverse possession)

[2012] EWLandRA 2011_0993Land Registration2012

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Property Address: Land at Bridge Point, Rock Channel, The Strand, Rye, East Sussex

Applicant Representation: Mr Grant Armstrong, of Counsel, instructed by Messrs Heringtons Solicitors

Respondent Representation: Mr Stephen Goodfellow, of Counsel, instructed by Messrs Gepp & Sons Solicitors

KEYWORDS: documentary title; claim for adverse possession of land part of which formerly constituted a right of way; alteration of the dominant and servient tenements; abandonment of right of way; Limitation Act 1980 section 15, schedule 1.

Cases referred to: Re Yateley Common [1977] 1WLR 840; J A Pye (Oxford) v Graham [2003] AC 419 ; Powell v McFarlane (1977) 38 P and CR 452.

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