EV-0637 — Paul Chynoweth, case note on BP Properties Ltd v Buckler (2002)

Catalogue record

Transcript

Teaching notes, "© Paul Chynoweth 2002".

BP Properties Ltd v Buckler (1987) 55 P & CR 337

Buckler lived in a farmhouse with his elderly mother. She had formerly had a tenancy of the house but this had long ago expired and the family had continued in possession as trespassers. In 1974 BP (who owned the freehold) attempted to gain possession of the house before the expiry of the 12 year limitation period. Because of local hostility to them they withdrew the action and wrote to the old lady telling her that she could live in the house rent-free for the rest of her life.

On her death, twelve years later, BP sought possession from Buckler who then himself claimed title by adverse possession. The Court of Appeal granted possession. Old Mrs Buckler had been in possession by virtue of the licence granted in 1974 and this had stopped time running. Consequently, Buckler had only himself been in adverse possession from the date of his mother's death and BP were not therefore statute-barred from bringing the action against him.

The decision in Buckler has been criticised as allowing paper owners to prevent time running against them by a unilateral act of giving permission, without having to incur the expense of court proceedings. However, in Buckler the old lady had made no response to BP's letters. If she had expressly rejected the offer of the licence the adverse possession would, presumably, not have been interrupted.

Transcription note: Screen capture of a lecturer's case note. Transcribed in full. The characterisations ("trespassers", "who owned the freehold", "twelve years later") are the author's 2002 wording, not this catalogue's; the court record (EV-0080) and the 1974 survey records (EV-0630, EV-0631) are the primary sources for dates.

Destination

• Where the original is held: Original: Paul Chynoweth's 2002 teaching notes. Our copy: a screen capture held by the family.
• On this site: this artifact page, listed in the Evidence Register, and cited from the judgment page EV-0080.
• Image: the copy held is not reproduced here; the transcript stands in for it (third-party copyright).

Interpretation

A lecturer's summary of the facts and outcome as he read them in 2002, ending with the criticism that the decision lets a paper owner stop time running by a unilateral act. Its account of the 1974 events is secondary to the 1974 survey records (EV-0630, EV-0631) and the judgment (EV-0080).

Related records

• Cites: EV-0080