YORKSHIRE MERCHANT SECURITIES Ltd v (1) ALBERT ROWLAND (2) ANTHONY ROWLAND (Adverse possession : Factual possession)

YMS owns a parcel of land of approximately 35 acres, adjoining the Disputed Land, and known as Birley Hay Farm. This land was initially acquired by Mr David Stanley Rae Watson by Conveyance dated 31st January 1974, and subsequently conveyed by him to a company known as Woodfoot Properties Ltd on 6th December 1975. Woodfoot Properties Ltd changed its name to YMS in 1976. As I understand it, YMS is a family company which is now largely run by Mr Watson's son.

The evidence adduced on behalf of YMS therefore amply supports the claim. However, this claim to adverse possession is denied by the Respondents, and as I have said the burden of proof to establish adverse possession is on the Applicant. If there is a genuine conflict of evidence, I must decide where the truth lies, on the balance of probabilities. I shall therefore consider the evidence adduced by the Respondents to rebut the adverse possession claim.

"�. I drove the cattle up through Birch Wood to a gateway on Ford Road from where I transported them back to my field. I exhibit hereto a Land Registry plan on which I have indicated with an arrowed line the route that I drove my cows. There was no fence around the land that is indicated blue on "IB2" (i.e the Disputed Land)."

The path taken by him to drive his cows, as shown on that plan, was as follows. He entered the field at the Gate from YMS�s field to the west: went southwards either on or parallel to the track: cut across the extreme south-western corner of the Disputed Land: and then turned almost due east, across the stream and along the northern side of the boundary feature on the eastern side of the stream.

Mr White made a Witness Statement, in which he stated that he had been walking in the area for 18 years.