Anthony Charles Clapham & Ors v Dee Narga
[2023] EWHC 3337 (Ch)
Maria Jesus El Massouri v Omani Estates Limited
13 March 2024
[2024] EWHC 534 (Ch)
High Court
A family built a new floor on their flat without telling the building's owner. Years later, someone else claimed the new floor based on an old, secret agreement. The court said the new owners acted unfairly by waiting so long to make their claim, and they had to pay for damaging the original flat.
Key Facts
- •Dispute over possession of the third floor of 93 Finborough Road, London.
- •Third floor constructed in 2002 by Claimant and her late husband after obtaining planning permission.
- •Defendant claims possession based on a 1996 lease (Frimpong Lease) granted by the then freeholder.
- •Frimpong Lease's existence was unknown to the Claimant until 2006.
- •Defendant's agents engaged in various acts of trespass on the Claimant's property.
- •Close relationship between the then freeholder, the Frimpong Lease lessee, and the Defendant.
Legal Principles
Adverse Possession of Registered Land
Land Registration Act 2002, sections 96, 97, 98, Schedule 6
Proprietary Estoppel
Equity
Trespass
Common Law
Possession of Land
Powell v McFarlane (1979), J A Pye (Oxford) Ltd v Graham [2003], Secretary of State for the Environment, Food and Rural Affairs v Meier [2009], Brake v Chedington Court Estate Ltd [2024]
Outcomes
Claimant's claim for adverse possession partially successful; proprietary estoppel successful.
While Claimant couldn't meet all requirements for adverse possession under the Land Registration Act 2002, the court found that the Defendant was estopped from claiming possession due to unconscionable conduct.
Defendant liable for trespass.
Defendant's agents committed various acts of trespass on the Claimant's property.
Defendant's counterclaim for possession dismissed.
Defendant never had possession of the third floor and lacked the ability to gain possession; proprietary estoppel prevents the Defendant from claiming possession.
Claimant awarded damages for trespass.
Damages awarded for the loss caused by the Defendant's agents’ actions.
Defendant not entitled to injunctive relief or damages in lieu of injunction.
Based on the findings of proprietary estoppel and the Defendant's inability to access the third floor.