Mount Carmel Investments Ltd v Smee and another
Mount Carmel Investments Ltd v Smee and another
- 1988
- New Law Journal 138(6364) 8 July 1988, 194-196(3) .
CA 28 June 1988. Appeal by property owners (M) from decision dismissing M`s claim for possession . The defendant (S) was in occupation of the first and second floors. S claimed that M`s title had been extinguished by adverse possession which had continued since 1970. M had been registered with absolute title in 1962. The premises and remained unoccupied until 1970 when a Mr. Renwick (R) forced entry and took adverse possession. In 1974 R allowed a company, of which S was a director, to go into occupation. In January 1981 M`s solicitors wrote to the company and S requiring the property to be vacated by 28 February 1981. S`s solicitors replied refuting the contention that she and the company were in unlawful possession and denying that M was entitled to determine their right to occupy. In 1983 M issued a writ seeking possession, contending that when S received the letter of January 1981 she ceased to be in adverse possession under the Limitation Act 1980 Sched 1 para 8(2) . CA did not
OCEAN ESTATES LTD V PINDER
SQUATTERS
CA 28 June 1988. Appeal by property owners (M) from decision dismissing M`s claim for possession . The defendant (S) was in occupation of the first and second floors. S claimed that M`s title had been extinguished by adverse possession which had continued since 1970. M had been registered with absolute title in 1962. The premises and remained unoccupied until 1970 when a Mr. Renwick (R) forced entry and took adverse possession. In 1974 R allowed a company, of which S was a director, to go into occupation. In January 1981 M`s solicitors wrote to the company and S requiring the property to be vacated by 28 February 1981. S`s solicitors replied refuting the contention that she and the company were in unlawful possession and denying that M was entitled to determine their right to occupy. In 1983 M issued a writ seeking possession, contending that when S received the letter of January 1981 she ceased to be in adverse possession under the Limitation Act 1980 Sched 1 para 8(2) . CA did not
OCEAN ESTATES LTD V PINDER
SQUATTERS