## Facts

- Site Developments (Ferndown) Ltd and Cuthbury Ltd were engaged in a dispute over a plot of land adjacent to a development site.
- The claimant, Site Developments (Ferndown) Ltd, asserted possessory title on the basis of factual occupation, claiming to have maintained the land, erected fences, and used the plot for storage.
- The defendant, Cuthbury Ltd, challenged these assertions, arguing the claimant's actions were insufficient for exclusive possession.
- Evidence presented included photographs, witness testimony, and documentary records.
- The court found that the claimant's activities were sporadic, boundaries of the land were unclear, and there was shared use of the land by third parties.

## Issues

1. Whether the claimant had demonstrated sufficient factual possession of the land to justify a possessory title.
2. Whether the claimant had shown the requisite intention to possess, excluding all others including the legal owner.
3. What evidentiary standards apply for establishing adverse possession in accordance with precedent.

## Decision

- The court held that the claimant failed to establish factual possession due to inconsistent use and unclear boundaries.
- The court determined there was insufficient evidence of the claimant's intention to possess, as there were no consistent efforts to exclude others.
- The claim for possessory title was dismissed.

## Legal Principles

- Possessory title via adverse possession requires both factual possession and intention to possess (animus possidendi), as established in Pye v Graham.
- Factual possession involves demonstrating physical control over the land, evidenced by ownership-like acts such as fencing or cultivation.
- Intention to possess requires clear evidence of an intent to exclude the world at large, including the legal owner.
- Both elements must be proven on the balance of probabilities, and occupation or occasional use alone is insufficient.
- Objective, consistent evidence is necessary to meet the standards for adverse possession.

## Conclusion

The High Court clarified the stringent requirements for claiming possessory title, emphasizing that only sustained and exclusive control—supported by clear evidence of both factual possession and intention to possess—will suffice under established property law principles.


Site Developments (Ferndown) Ltd v Cuthbury Ltd [2010] EWHC 10 (Ch)