Decision in Akhtar v Brewster


Clive Freedman QC (sitting as a judge of the Chancery Division) has handed down his judgment in (1) Jane Akhtar (2) Suleman Akhtar (3) Ash Island Ltd and (4) TW Allen & Sons (Yachts) Ltd v (1) Christopher Brewster and (2) Lynn Brewster [2012] EWHC 3521 (Ch), a case in which the original conveyance of the land in question was neither clear nor unequivocal, and other factors, including topographical features and the parties’ subsequent conduct had to be considered. The judge examined the issue of adverse possession and found that, as the case centred on the riparian rights attaching to the ownership of the land, the granting of moorings for licence amounted to significant user. Paul de la Piquerie appeared for the Claimants.