Counsel, Mr. Samuel Okoronkwo, conducted a call with the original planning agent involved in the 1990s redevelopment of Dennis Court to obtain supporting evidence for the client’s adverse possession claim. The planning agent confirmed that he submitted the planning application for the conversion of the industrial site into residential flats and served Certificate A, indicating that the applicant had ownership of the land. He recalled that the back gardens of the four flats were always intended to be part of the development and were used as such from the outset. He forwarded the original planning documents, including a 1997 covering letter and the 1991 planning permission, which show the site boundaries and the footprint of the building.
The key issue is whether the land now contested by Cumberland Court was part of the original development and has been continuously used by the client’s tenants. The planning agent’s testimony and planning documents support the client’s position that the land was included in the original site and has been used as garden space for over 30 years. Cumberland Court’s recent demolition of the boundary wall and subsequent claim of ownership are inconsistent with historical use and planning records.
Counsel confirmed that the planning agent’s draft witness statement would be formalised into a proof of evidence and returned for review. His professional involvement and clear recollection of the site boundaries provide strong support for the client’s adverse possession claim. Counsel noted that aerial photographs and ordinance survey maps further corroborate the existence of the boundary wall. The planning agent confirmed he would be away for a week, and the finalised statement will be sent upon his return.
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