Decision details

To proceed with allowing Gloucestershire Airport Limited to claim adverse possession of c. 0.2 acres, which has been occupied by them since commencement of the lease in 1997, although never included in the lease.

The person making the necessary declaration of us on behalf of GAL states that:

·         He has been employed since 2007 (there, has knowledge of the site in excess of the 12 years required to prove an adverse possession claim)

·         GAL has treated the property as its own since that time, has maintained the grass and used it for storage of aircraft, currently used for storage of aggregate and topsoil

·         Use has never been challenged

The Council do not have grounds and evidence for objection and therefore are not objecting to the claim.

Should their claim be successful, the land will be added to the GAL lease. Once the lease expires or is terminated or surrendered, the land will revert to the original freehold owner (i.e. the councils). It makes practical sense for this parcel of land to be included within the lease.

To object to the claim – without evidence, however, it is highly likely this would be unsuccessful.

Rose Gemmell (One Legal) and Paul Jones (Executive Director Finance and Assets)

Results of consultation were too proceed.