Adverse Posession - Ofulue v Bossert [2009]

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  • Ofulue v Bossert [2009]
    • Facts
      • Mr & Mrs Ofulue were the registered proprietors of a property which they had let to tenants when they went to live abroad
      • Since 1981 or '82, the property had been occupied by Mr Bossert
      • Posession proceedings had initially been commenced against Bossert in 1987
        • Struck out in 2002
        • Current proceedings launched in 2003
    • Events relating to proceeding
      • 'Without prejudice' offer to buy
      • Limitation Act 1980, s29
        • In defence, Bossert had counter-claimed for a lease which had allegedly been promised in return for repairs and improvements
    • Court's view
      • Statement in defence could constitute an acknowledgment
      • BUT even if a fresh right of action occurred = still time-barred
  • Acknowledg-ment of Title case


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