Garden flat - 50% garden freeholders, but only I got access - sell it?

unforeseen

Also from the high court J A Pye (Oxford) Limited v Graham [2002] in relation to factual possession.

A landlord or freeholder of land is for these purposes “in possession” therefore a tenant cannot claim adverse possession against a landlord (unless the lease or tenancy can be shown to have come to an end and the claimant has remained in possession afterwards for the limitation period.

An adverse possession claiming a leaseholder is considered to be on behalf of the freeholder. Although as leaseholder you may gain possession of would ultimately belong to the freeholder. It is easier to use your position as director of the freeholding company to get it added to your lease

eddddy

unforeseen wrote: »

Also from the high court J A Pye (Oxford) Limited v Graham [2002] in relation to factual possession.



An adverse possession claiming a leaseholder is considered to be on behalf of the freeholder. Although as leaseholder you may gain possession of would ultimately belong to the freeholder. It is easier to use your position as director of the freeholding company to get it added to your lease

The case you quote doesn't seem to relate to the OP.

Based on what the OP says, the person using the land isn't a leaseholder (tenant) of the land and never has been.

The person using the land is the leaseholder of one part of the garden. They want to gain adverse possession of some adjacent land.

unforeseen

The The

eddddy wrote: »

They want to gain adverse possession of some adjacent land.

who have is already in the ownership of the freeholder which happens to be a management company of which they are a 35% shareholder.

They as part freeholder are already in factual possession of the land.