The Court of Appeal has confirmed that simply putting up a clear sign stating land is private will prevent others from gaining legal rights, like a right to park or a right of way, over the land.
In Port of London Authority v Mendoza, the Upper Tribunal considered whether the owner of a houseboat had acquired a stretch of the River Thames by adverse possession.
Mr Mendoza attempted to claim possession of a stretch of Thames riverbed and foreshore on the basis that, although the Port of London Authority had title to the land, Mr Mendoza’s boat had been moored there for over 12 years and he had therefore acquired the land by adverse possession.
It is common for commercial landlords and tenants to document agreements, different to those agreed in the lease, in a separate side letter. One of the most common agreements seen in a side letter is that the tenant will benefit from a rent concession. The agreements contained in the side letter are often subject to certain conditions and the arrangement is, on the face of the document, terminable as set out in the letter.
The recent case of Vivienne Westwood v Conduit Street Development concerns whether a term entitling the landlord to terminate the effect of a side letter documenting a rent concession, was enforceable.