Colchester BC v Smith & others
Colchester BC v Smith & others
- 1992
- Weekly Law Reports (1992) 2 WLR 728-741(14) .
CA 3 December 1991. Council land adversely occupied for 12 years became subject to a lease agreement, after the threat of possession proceedings in 1983, by which all claims to title were renounced by the tenant. Subsequent action for possession was contested by S, on the ground that C`s title was void after 12 years, and the result appealed against. However, the CA was of the opinion that the agreement was explicit and a genuine compromise between willing parties at an earlier date, and S was therefore estopped from asserted title. Appeal dismissed.
ADVERSE POSSESSION
CA 3 December 1991. Council land adversely occupied for 12 years became subject to a lease agreement, after the threat of possession proceedings in 1983, by which all claims to title were renounced by the tenant. Subsequent action for possession was contested by S, on the ground that C`s title was void after 12 years, and the result appealed against. However, the CA was of the opinion that the agreement was explicit and a genuine compromise between willing parties at an earlier date, and S was therefore estopped from asserted title. Appeal dismissed.
ADVERSE POSSESSION