Jurisdiction(s):
United Kingdom

Port of London Authority v Mendoza: mooring alone too equivocal for adverse possession of river bed; navigation rights not an absolute bar (England and Wales)

Published on: 19 April 2017

Published by a LexisNexis Property expert

Legal News

Article summary

Original news

Port of London Authority v Paul Mendoza [2017] UKUT 0146 (TCC). The owner of a houseboat failed to prove title by adverse possession over part of the River Thames’ bed and foreshore.

What are the practical implications of this case?

The ruling underscores how challenging it is to obtain adverse possession of a river bed simply by leaving a boat moored there. That conduct is inherently ambiguous and does not, by itself, signal to the world an intention to exclude others from the land. The Upper Tribunal confirmed there is no authority that mere mooring, without more, constitutes both factual possession and adequate evidence of intention to possess. By contrast, there is clear authority that the self‑serving assertions of an alleged adverse possessor about intention must be treated with caution and supported by other evidence. Where intention is to be inferred from possession, the possession must be unequivocal.

What was this case about?

A claim involving the Port of London Authority and a houseboat owner concerning alleged adverse possession of part of the Thames’ bed and foreshore...

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