HFC Bank Plc v HSBC Bank Plc (formerly Midland Bank Plc)
| Jurisdiction | England & Wales |
| Judgment Date | 30 July 1999 |
| Date | 30 July 1999 |
| Court | Chancery Division |
COURT OF APPEAL
Before Lord Justice Swinton Thomas and Mr Justice Wilson.
Adverse possession - squatter failing to return community charge form to council - no estoppel - squatter entitled to possession
The failure by a squatter to fill in and return a form to the local authority regarding community charge did not stop him from claiming adverse possession of the property on the basis of 12 years occupation.
The Court of Appeal so held in dismissing an appeal by the defendant, Lambeth London Borough Council, against the decision of Mrs Recorder Jolles at Lambeth County Court on December 3, 1998 when she (i) held that the plaintiff, Mr Timothy Ellis, was entitled to adverse possession of 52 Strathleven Road, Brixton on his application for declaratory relief and (ii)
Mr Desmond Kilcoyne for the local authority; Mr Stephen Knafler for Mr Ellis.
MR JUSTICE WILSON said that Mr Ellis began to squat at 52 Strathleven Road no later than July 1985 where he had remained ever since. When he first moved in there were other squatters who had since left and others moved in and out, with the exception of one other who had remained.
The recorder addressed the need for Mr Ellis to establish an intention to possess. She found that he had controlled the front door and had exercised the necessary degree of physical control to amount to possession.
She found that in the first four years of occupation, prior to taking possession of it, one of the squatters allowed Mr Ellis to join and the rights of occupation were transmitted to Mr Ellis.
She rejected the local authority's argument that Mr Ellis was estopped by representation from alleging adverse possession during part of the time between sometime in 1989 or 1990 until 1994.
The alleged estoppel was the failure by Mr Ellis to return a form with information relevant to community charge which was introduced on April 1, 1990 by the Local Government Act 1988.
In September 1989 two registration forms were sent to 52 Strathleven Road by the community charge department addressed to "The Resident". The form required the occupants of the property to list their names and sign. Mr Ellis and the other squatter did not return the forms thereby breaching paragraph 4(3) of the Community Charges (Administration and Enforcement) Regulations (SI 1989 No. 438).
The local authority argued that that resulted in Mr Ellis and the other...
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