Lodge v Wakefield MCC
Lodge v Wakefield MCC
- 1995
- Estates Gazette (1995) 38 EG 136-138 (3) .
CA 21 March 1995. In 1969 the plaintiff (L) was granted an oral tenancy by the predecessor of the defendant (W) of 11.9 acres. In 1970 W agreed to the quarterly rent being paid half-yearly. L has paid no rent since 1974 and sought a declaration that he had acquired title to the land by adverse possession. The county court dismissed his claim. L appealed. Appeal allowed because L`s possession of the land was adverse for the purpose of the Limitation Act 1980 Sch 1 para 8(1).
ADVERSE POSSESSION
ANIMUS POSSIDENDI
LIMITATION ACT 1980 SCH 1 PARA 8(1)
LODGE V WAKEFIELD MCC
NON-PAYMENT OF RENT
CA 21 March 1995. In 1969 the plaintiff (L) was granted an oral tenancy by the predecessor of the defendant (W) of 11.9 acres. In 1970 W agreed to the quarterly rent being paid half-yearly. L has paid no rent since 1974 and sought a declaration that he had acquired title to the land by adverse possession. The county court dismissed his claim. L appealed. Appeal allowed because L`s possession of the land was adverse for the purpose of the Limitation Act 1980 Sch 1 para 8(1).
ADVERSE POSSESSION
ANIMUS POSSIDENDI
LIMITATION ACT 1980 SCH 1 PARA 8(1)
LODGE V WAKEFIELD MCC
NON-PAYMENT OF RENT