Smith v Lawson
Smith v Lawson
- 1998
- Property and Compensation Reports (1998) 75 PCR 466-472(7) .
CA 5 June 1997. In 1978, on his father`s death, the palintiff (X) became the freehold owner of a property. The defendant (Y) had been living in the property for many years at a very low rent. The day after the death X had visited Y and said that she could remain in the property for the rest of her life, rent free, as the sum was so insignificant. In 1990 X sought a decalration to the effect that Y had become freehold owner of the property under Limitation Act 1980. X subsequently sought a dealration that he was the freehold owner and that Y was an occupational licensee for life. The County Court dismissed X`s claim in the basis that his title to the property was extinguished by the 1980 Act. X appealed and this was allowed on the grounds that the judge had reached the wrong legal conclusion on the facts before him. X`s representation that no rent would be collected gave rise to promisorry estoppel therefore Y could not be said to be in adverse possession.
ADVERSE POSSESSION
LIMITATION ACT 1980
OCCUPATIONAL LICENSEE
PROMISSORY ESTOPPEL
SMITH V LAWSON
CA 5 June 1997. In 1978, on his father`s death, the palintiff (X) became the freehold owner of a property. The defendant (Y) had been living in the property for many years at a very low rent. The day after the death X had visited Y and said that she could remain in the property for the rest of her life, rent free, as the sum was so insignificant. In 1990 X sought a decalration to the effect that Y had become freehold owner of the property under Limitation Act 1980. X subsequently sought a dealration that he was the freehold owner and that Y was an occupational licensee for life. The County Court dismissed X`s claim in the basis that his title to the property was extinguished by the 1980 Act. X appealed and this was allowed on the grounds that the judge had reached the wrong legal conclusion on the facts before him. X`s representation that no rent would be collected gave rise to promisorry estoppel therefore Y could not be said to be in adverse possession.
ADVERSE POSSESSION
LIMITATION ACT 1980
OCCUPATIONAL LICENSEE
PROMISSORY ESTOPPEL
SMITH V LAWSON