Farmer must wait for home verdict (From Tewkesbury Admag)

Farmer must wait for home verdict

A BATSFORD farmer who claims he is entitled to a valuable farm house and surrounding land under "squatter's rights" will have to wait to see whether he wins his Appeal Court fight.

Gerald Taylor's late father Algy and his uncle Cyril moved into the property in the 1970s as tenants of Batsford Estates (1983) Company.

Mr Taylor took over a number of outhouses and a paddock and says that, because Batsford Estates did not challenge them for 12 years, he is now entitled to everything.

Last year a judge at Worcester County Court found in favour of Batsford Estates, but Mr Taylor and his wife Margaret are challenging that decision at London's Court of Appeal.

Last Thursday, after listening to two days of legal arguments, Lord Justice Pill, Lord Justice Gage and Sir Martin Nourse reserved their judgement in the case and did not indicate when they would give a decision.

Barrister Tim Morshead, for Batsford Estates, attacked Mr Taylor's case as a "piece of desperation" and urged it to be dismissed.

Outside court, lawyers for Batsford Estates said Algy Taylor, who died in 2000, was a gardener at nearby Batsford Arboretum but wanted to become a farmer.

He was offered the opportunity to work the land surrounding Old Farm House, estimated now to be worth hundreds of thousands of pounds, but things did not go well. Keen for him not to become homeless, Batsford Estates offered the brothers a tenancy on just the farm house.

Earlier the judges heard that Algy Taylor and his brother believed they were tenants for life when they signed a contract in 1972, but because of a drafting error they could be given six months' notice.

In 1985 Batsford Estates tried to evict them but, according to Mr Taylor's legal team, they eventually let the case "go to sleep".

Batsford Estates' case is that Algy Taylor had "implied permission" to stay on at Old Farm House and believed he was entitled to be there so he could not have taken "adverse possession" of the property and claimed squatter's rights.

But, during his final submissions, Mark Wonnacott, for Mr Taylor, said Algy Taylor had been told to go by the company, and it had not moved from its position over the years.

Mr Wonnacott also said that, even if Algy Taylor believed he was entitled to remain in Old Farm House, his son had never been given permission to use the farm buildings and surrounding land.

Mr Taylor declined to comment after the case.

We have been asked to point out that Batsford Arboretum is run by the registered charity Batsford Foundation, neither of which has any connection with Batsford Estates or this court case. We apologise for any misunderstanding caused by last week's court report submitted by a London agency.