Lancashire farmer gets squatter's rights

[Gerrard Winstanley]

Farmer awarded squatter's rights
http://news.bbc.co.uk/2/hi/uk_news/3961195.stm
 
David Townley had grazed cows on the land for about 30 years
A farmer who grazed cattle for 30 years on land belonging to 
developers has won squatter's rights to the land. 

Topplan Estates, who thought they owned the 13 acres near Scotforth, 
Lancashire, are now in the position of having to buy the land again. 

The Appeal Court said farmer David Townley had been under no 
obligation to tell the developers he was continuing to farm on the 
land. 

Mr Townley intends to wait to see if the company will make an offer. 

Topplan Estates had planned to build about 500 Barrett homes on the 
land, which they first bought in 1992, but had yet to gain planning 
permission. 

They accused Mr Townley of being "underhand" and that he had "lain 
low" while establishing squatter's rights. 

However, Lord Justice Parker said: "The activites of the squatter on 
the land must have been open and apparent to anyone who had eyes to 
see...in this case they were." 

He upheld Mr Townley's squatter's rights because he had been in 
uninterrupted possession of the fields for at least 12 consecutive 
years. 

Mr Townley's family has farmed adjoining Whinney Carr Farm since the 
1960s. 

The disputed strip had at first been rented from another owner, who 
subsequently went bankrupt. Mr Townley continued to farm the land. 

He had started the legal action to establish his rights in 1996. 

Mr Towney, quoted in the Times on Thursday, said: "You could call it a 
triumph for the little man against the developers." 

He added: " We had actually farmed the land since 1964. We managed the 
land in a positive way for all those years."