Community Rejoices as Claim for Adverse Possession Successfully Upheld

Gregory Horne, Solicitor in the Housing Law team at Hodge Jones & Allen, successfully assisted the defendant in the case of Elitestone v Revill, helping Mr. Revill to demonstrate factual possession of the land in dispute; whereby the original claim for possession was dismissed with the counterclaim for adverse possession allowed with declarations and costs.

Hodge Jones & Allen took on Mr Revill’s case after his previous legal representative was unable to secure him a legal aid certificate. Gregory then had to work with counsel, Timothy Baldwin, Barrister at Garden Court Chambers, to formulate a defence in less than 14 days’ time as a result of the switch in legal teams.

On taking instructions, Mr Revill explained that he was in occupation of a plot of land referred to as Unit 16 Holts Field in opposition to Elitestone Ltd, a real estate company who intended to develop the land.

Holts Field is a small patch of land housing some twenty families who have lived there since the 1930s and some of whom had held a licence to occupy prior to Elitestone’s acquisition. Mr Revill explained that he had been in occupation of the land for 35 years, since 1991, and that he had been active in campaigns to defend the people who lived there, including himself, from eviction for the entire period of his occupation.

He directed Hodge Jones & Allen to a national campaign by the people of Holts Field which had resulted in a case which escalated to the House of Lords in 1997 from which a number of the occupiers of the field had won secure Rent Act tenancies. Mr Revill explained that his occupation began when he paid the person previously in occupation £6,000 for the right to the chalet. It later transpired that this was the wrong person to pay as they had never had permission form the licence holder to live in the chalet themselves.

Mr Revill was unfortunately the victim of a fire in March 2024 which destroyed his chalet on Holts Field, destroyed all the documentation which might have lent credibility to his claims, and caused Mr Revill such severe injury that he was medically declared dead and had no heartbeat for 15 minutes. He was eventually resuscitated and it was at that point that possession proceedings began.

Gregory assisted in preparing a defence which argued firstly that he was a licensee, having bought a licence when he took up occupation, and in the alternative that he was in adverse possession and had been since 1991 meaning that he was entitled to a declaration that the property was held on trust for him beneficially.

At a three day trial last week, Gregory and Timothy Baldwin were both able to successfully persuade the judge that despite the deficiencies in documentary evidence, there was sufficient credible evidence, primarily in the form of the live testimony evidence of those who were also involved in the struggle for the field in 1991, that Mr Revill had begun his occupation in the summer of 1991 and was therefore entitled to the declaration sought.

At that trial, HHJ Beard gave an oral judgment making findings of fact on the evidence that the Defendant had been in uninterrupted possession of Unit 16 from August 1991 and that breaks in possession in 2019 and as a result of the fire did not amount to abandonment and he had sought secure and improve the land. Therefore, the elements of demonstrating adverse possession were made out as he has factual possession of the land, had the necessary intention to possession the land and this was without the Claimants consent. Further as the possession had been at least 12 years prior to the 13 October 2003 before the Land Registration Act 2003 came into force he was entitled to the declaration and registration as proprietor. Thus, the claim for possession was dismissed and the counterclaim for adverse possession allowed with declarations and costs.

The case demonstrated the strength of the community and showed solidarity in action amongst those who have lived and fought for their right to remain for all those years.

As a result of this ruling, Mr Revill has already begun construction work on a new chalet on the site and intends to take up occupation and rejoint the community there at the earliest opportunity. Gregory and Mr Baldwin also achieved an order for costs subject to detailed assessment as per legal aid guidance.

Commenting on the successful result, Gregory stated: “I was very pleased to be able to help Mr Revill. It is inspiring to see a community come together to make right such a long running dispute and I am hopeful that this judgement will bring to a close the 35 plus years of conflict between Elitestone and the residents of Holts Field.”

Gregory Horne is a Housing Solicitor, bringing a broad litigation background with a particular focus on housing and property disputes. He specialises in disrepair claims, landlord and tenant matters, judicial review, and possession and eviction cases, and has already secured a number of successful outcomes for clients. Gregory is also committed to access to justice, demonstrated through his volunteering work delivering public legal rights workshops, supporting advocacy for “persons unknown” in possession claims, and helping families access Special Educational Needs provision.