Privy Council decision on adverse possession
Jonathan Small QC acted for the successful landowner in an adverse possession case recently heard before the Privy Council: Higgs v Leshel [2009] UKPC 47. The Privy Council held that the fact that the co-owner dispossessed another co-owner by force did not disentitle him from claiming adverse possession. However the fact that the dispossessed co-owner obtained an injunction during the limitation period requiring the other to let him onto the land, stopped time running.
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