Ofulue v Bossert

An offer to buy land, made without prejudice in settlement negotiations, could not be used as an acknowledgment of the owner's title to stop time running.

Citation
[2009] UKHL 16, [2009] 1 AC 990
Court
House of Lords
Year
2009
Subject
Land Law
Topic
Adverse possession

Facts

Mr and Mrs Ofulue owned a house in London, which was occupied by Mrs Bossert and her son, without permission, from 1981. In 1987 the Ofulues brought possession proceedings. During those proceedings, Mrs Bossert's solicitors wrote a letter, headed without prejudice, offering to buy the house. The proceedings were not pursued. Later, the Ofulues brought fresh proceedings, and Mrs Bossert claimed title by adverse possession. The Ofulues argued that the letter was a written acknowledgment of their title, which would have stopped time running under section 29 of the Limitation Act 1980.

Legal principle

The House of Lords held that the letter could not be relied on as an acknowledgment, because it was protected by the without prejudice rule, which prevents statements made in a genuine attempt to settle a dispute from being used as evidence. Lord Neuberger said that the policy of encouraging parties to settle disputes required that such statements should not be used, even as an acknowledgment of title. Mrs Bossert had therefore acquired title by adverse possession.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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