Birrell and Another v Carey and Another
Birrell and Another v Carey and Another
- 1989
- Property and Compensation Reports (1989) 58 PCR 184-188(5) .
CA 12 April 1989 Appeal by the personal representatives of Mrs Farey (F) against a cc decision dismissing their action against Carey (C) for possession of land and workshops . In 1973 F had entered into an agreement with C whereby C would be allowed to occupy part of her land and build two workshops which he duly did. C was to have exclusive possession of the workshops so long as a company continued to trade. In 1986 F leased part of the farm to a third party and stated that matters had now been arranged for the 12 years until all concerned would retire. On F`s death, the representatives sought possession of the land. The action was dismissed by cc and they appealed. CA held, dismissing the appeal, that the grant of possession for a term described "so long as the company is trading" was sufficient to constitute a leasehold interest. In relation to the 1986 agreement, F`s remarks concerning a 12-year period before retirement constituted a variation of the tenancy and therefore C had a
CA 12 April 1989 Appeal by the personal representatives of Mrs Farey (F) against a cc decision dismissing their action against Carey (C) for possession of land and workshops . In 1973 F had entered into an agreement with C whereby C would be allowed to occupy part of her land and build two workshops which he duly did. C was to have exclusive possession of the workshops so long as a company continued to trade. In 1986 F leased part of the farm to a third party and stated that matters had now been arranged for the 12 years until all concerned would retire. On F`s death, the representatives sought possession of the land. The action was dismissed by cc and they appealed. CA held, dismissing the appeal, that the grant of possession for a term described "so long as the company is trading" was sufficient to constitute a leasehold interest. In relation to the 1986 agreement, F`s remarks concerning a 12-year period before retirement constituted a variation of the tenancy and therefore C had a