Case law analysis: Maria Jesus El Massouri v Omani Estates Limited - Adverse possession, proprietary estoppel, and trespass debated.

Citation: [2024] EWHC 534 (Ch)
Judgment on


The case of Maria Jesus El Massouri v Omani Estates Limited concerns the entitlement to possession of the third floor of a property at 93 Finborough Road, London, SW10, and involves aspects of property law including adverse possession, proprietary estoppel, and trespass. This article provides an analysis of the case, delineating the legal principles that were at the crux of the matter and considering their application by the court.

Key Facts

The dispute centers around whether the claimant, Maria Jesus El Massouri, or the defendant, Omani Estates Limited, is entitled to possession of the third floor of a property which, historically, was part of a building divided into separate flats. The claimant based her claim on adverse possession, while the defendant relied on title obtained pursuant to a 199-year lease granted in 1996, known as the Frimpong Lease.

Adverse Possession

The court considered the doctrine of adverse possession under the Land Registration Act 2002, as it applies to registered land. The key elements include factual possession and the requisite intention to possess — the animus possidendi. The claimant maintained to have met these requirements for the third floor since 2002, seeking recognition of acquired ownership despite the defendant’s later registered title.

Proprietary Estoppel

The court addressed the principle of proprietary estoppel, emphasizing that it prevents a party from denying an assumption they induced in another who has acted to their detriment based on that belief. Critical to the court’s finding was the behavior of the freeholder at the time of the lease (associated with the defendant), whose passive actions encouraged the construction of the third floor by not asserting any right nor revealing the existence of the Frimpong Lease. The court held it would be unconscionable for the defendant to deny the claimant’s right to the third floor premises.


Several instances of alleged trespass by the defendant’s agents onto parts of the property demised to the claimant under her Lease were examined. Given the eventual agreement that the areas in question were part of the claimant’s demised premises, the actions were considered trespassory, for which the court found the defendant liable.

Possession and Injunctions

UK law dictates that an action for possession protects the right to physical occupation against wrongful interference. The court expressed doubt over the defendant’s ability to meet the requirements for possession, as they lacked legal access to the third floor. Similarly, the court considered that an injunction requiring the claimant to vacate would be inequitable, given the defendant would not be capable of physically occupying the premises.


The court also contemplated hypothetical negotiation damages that may have been agreed upon between the parties in good faith and determined these damages to be more applicable than use and occupation damages, due to the inability of the defendant to physically possess the property.


The court concluded that the claimant successfully established a claim to adverse possession for the third floor of the property and that the defendant was estopped from asserting their title. Furthermore, the defendant was found responsible for trespass against the claimant on several occasions.


The High Court’s decision in Maria Jesus El Massouri v Omani Estates Limited reaffirms the court’s role in preventing unjust outcomes through the doctrines of adverse possession and proprietary estoppel. The court exercises a principled and disciplined approach to protect rights to physical occupation of land and ensure equity in real property dealings. This case serves as a caution to property owners about the importance of asserting their rights and fulfilling obligations, or risk losing entitlement through inaction and implication.

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