Barbara Gayle, Staff Reporter

Custos of St. Mary, Alaric Astor 'Bobby' Pottinger scored a major victory yesterday when the United Kingdom Privy Council ruled that he was the rightful owner of 34 lots of land at Gibralta St. Mary.

In 1992 Pottinger had obtained titles for the lots by adverse possession. He claimed that since 1975 he had been occupying the land undisturbed.

A person who occupies land for 12 years or more without any interference from the owner can apply to the Registrar of Titles for adverse possession of the land and obtain a title as owner of the land.

Traute Raffone had taken Pottinger to court after Pottinger obtained adverse possession of her land, but the Supreme Court ruled in Pottinger's favour.

Majority decision

Raffone appealed and by a majority decision, the Court of Appeal ordered in 2005 that the land should be returned to her because Pottinger had fraudulently misrepresented to the Registrar of Titles that he was in adverse possession of the land.

Pottinger who was represented by Donald Scharschmidt, Q.C.,appealed to the United Kingdom Privy Council and the Court of Appeal granted him a stay of its ruling pending the outcome of the appeal.

Raffone has been ordered by the Privy Council to pay Pottinger's legal costs.