William Byrne sheds some light on uncertainties in adverse possession
Just outside Wymondham in Norfolk there stands a now derelict animal feed mill. The mill sits on the northern four acres of a 10-acre plot. The remaining six or so acres to the south (identified at trial as “the orange land”) bounds open farm land on three sides and, since at least the 1960s, was traditionally cultivated by a local farmer with permission from the mill owners.
In March 1974, the claimant, J Alston & Sons Limited, purchased a local farm and was given the opportunity to farm the orange land with the permission of the mill owner, Barkers & Lee Smith (Norfolk) Limited. Barkers nevertheless wanted to retain the ability to expand the mill into it should the need arise. They had no wish to cross swords with the Agricultural Holdings Act 1986 and, to this end, they insisted upon written confirmation from Alan Alston, the owner of the J Alston & Sons, that he would possess the land as a “mere licensee, paying no rent” and that he would give up possession of all or any
