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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Balevents Ltd v Sartori  EWHC 2437 (Ch) (29 September 2011)
Cite as:  EWHC 2437 (Ch)
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BIRMINGHAM DISTRICT REGISTRY
Strand, London, WC2A 2LL
B e f o r e :
| Balevents Limited
|- and -
|Allan James Sartori
William Hansen (instructed by Howell & Co) for the Defendant
Hearing dates: 5-8 July 2011
Crown Copyright ©
Mr Justice Kitchin:
Occupation of the Land before 1990
Adverse possession of the Land in the period to 1991
"(3) Factual possession signifies an appropriate degree of physical control. It must be a single and [exclusive] possession, though there can be a single possession exercised by or on behalf of several persons jointly. Thus an owner of land and a person intruding on that land without his consent cannot both be in possession of the land at the same time. The question what acts constitute a sufficient degree of exclusive physical control must depend on the circumstances, in particular the nature of the land and the manner in which land of that nature is commonly used or enjoyed… Everything must depend on the particular circumstances, but broadly, I think what must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so."
"An intention, in one's own name and on one's own behalf to exclude the world at large, including the owner with the paper title if he be not himself the possessor, so far as is reasonably practicable and so far as the processes of the law will allow."
JEL and its occupation of the Land
Broomco and its occupation of the Land
Balevents and its occupation of the Land
Registration of the Land
"I would point out that I have made the invoice out to Balevents Limited and I presume they are able to recover VAT on it and I would point out that my contract of agreement is with you personally and not with any other party."
"3) …. It is not true that I have only considered the area of land the precise extent of which is in fact shown on the annexed plan hereto as being my property simply since 24th June 1991 when I became joint tenant with Balevents Limited but I in fact first acquired the land concerned from my father Bernard Enrico Sartori who retired in the 1970s and transferred the business occupied by him on the land at the Kiosk thereon selling sweets and sandwiches. I now continue to operate and occupy this land with a Kiosk similar to the one occupied by my father and continue to sell similar items in addition to chicken wraps. I would say that in the 1970s the building now occupied by The Rocket Club was a furniture outlet and HM Stationery Office Book Shop with a storage facility operated by British Rail above these premises. Next to these premises there was a casino and a disabled centre run by the Government. Most of the office block was occupied by British Rail Police.
7) Possession has been without the consent licence or permission of anyone at any time including possession since the 1970s."
Adverse possession of the Land from 1991
Release from any duty to account