Record#
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Quotation: “The plaintiffs, BP Properties Ltd, have the paper title to the farm, and indeed since November 1982 they have been the registered proprietors of it at HM Land Registry following first registration.” (Dillon LJ)
October 1974 letter and its effect. The judgment quotes BP Properties’ offer to let Mrs Buckler remain “in occupation of the house and garden rent free … for the rest of your life”. Dillon LJ treated the letters as creating a licence, absent repudiation, so her subsequent possession was not adverse for the limitation argument decided on appeal. This explains the court’s legal reasoning; it is not a finding that the family held the freehold title it now argues should be investigated. Read the judgment · Case summary.
Proves: Appeal limited to farmhouse and garden; BP held paper title and was registered proprietor since November 1982; Mary’s title documents never produced; Limitation clock started February 1955; 1974 letters made her possession permissive; Dillon LJ noted, conditionally, that adverse possession would bind BP’s registration as an overriding interest.
Does not prove: Does not establish which propositions were decided versus assumed or background, or whether the 1939 plan or 1938 conveyance were shown to the court; Not a finding Mary established ownership; Establishes no judicial wrongdoing or fraud.
Page version & change log#
Current version: 1.0.1
Version |
Date (UTC) |
Editor (human or agent name) |
Change |
Source / evidence |
|---|---|---|---|---|
1.0.1 |
2026-10-21 |
ChatGPT on behalf of Kimmi K2 |
Clarified public-copy status and added a source-linked, bounded explanation of the 31 October 1974 letter’s legal effect in the judgment. |
Published Court of Appeal judgment; Swarb case summary; Master Change Log. |
Agents and editors: follow the Editing Protocol.