The 1955 Possession Order

“Western Ground Rents then brought proceedings for possession against Mr Frederick Buckler in the High Court and obtained a possession order, under Order 14, in respect of the whole of the farm.” (Court of Appeal, 1987)

Evidence description: notice to quit expired on 2 February 1955. WGR sued Frederick in the High Court and obtained summary judgment (Order 14) for possession of the whole of the farm.

‹A + B as one›As worded: “the whole of the farm” (whole farm), against a tenant whose unwritten tenancy was of the fields only (SOURCE PENDING: no written tenancy or named statement yet).

Evidence description and correct spatial reading: the available 1987 judgment reports that on 4 July 1955 possession was taken of all parts except the farmhouse and garden, and attributes that exception to Mary’s recent return from hospital and her strong objection [PENDING: EV-0034]. That summary must not be read as saying that all of Parcel A was left with Mary. [SOURCE PENDING] The northern forest and south-eastern green land of Parcel A were physically seized during enforcement of Parcel B; no document or named speaker is yet cited for this. The farmhouse-and-garden exception describes the remaining occupied centre, including the associated barn, stable and yard west of the house; it does not define the entire extent of Parcel A. The original execution papers should be used to corroborate and plot this account, not to dismiss it.

Parcel B The fields were taken. On the family’s established account, the same enforcement also seized two parts of Parcel A: (1) the forest north of the house and (2) the ground south-east of the house/garden later registered as VG41. Mary remained in the farmhouse, garden and associated buildings/yard, but Parcel A was not left intact with her.