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

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.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal