Land

Adverse possession - intention to exclude the world at large - giving of keys to others negating intention to excludeBattersea Freehold and Leasehold Property Company Ltd v Wandsworth London Borough Council: ChD (Mr Justice Rimer): 2 March 2001The claimant's tenant having used adjoining land belonging to the council to grow fruit and vegetables for more than 12 years, the claimant sought a declaration that it had acquired title to the land by adverse possession.

The judge in the county court refused to make the declaration on the grounds that the tenant's occupation of the land had been permissive and that the tenant had given keys to others, thus indicating that he did not have sufficient intention to exclude others from the land.

The claimant appealed.Stephen Shaw (instructed by Romain Coleman & Co) for the claimant.

Ranjit Bhose (instructed by DMH, Brighton) for the council.Held, dismissing the appeal, that, even if the tenant's use of the land had not been permissive, in order to establish adverse possession the claimant had to show that its tenant had intended to exclude the whole world at large from the disputed land; that the giving of keys to others by the tenant was sufficient in itself to show that the tenant did not have the necessary intention to exclude the world at large from the land; and that, accordingly, the claimant had not established title to the land by adverse possession of the land.