BP Properties Ltd v Buckler
BP Properties Ltd v Buckler
- 1987
- Estates Gazette 284(6356) 17 October 1987, 375-380(4) .
CA 31 July 1987. Appeal by defendant tenant (B) from decision granting possession order to plaintiff landlords (P) for a farm house and garden. B sought to set up a possessory title by adverse possession by himself and by his parents before him. The judge in the earlier decision rejected this submission and made out the possession order sought by P. B`s parents were in adverse possession of the premises as from the termination of the previous tenancy in 1955. In 1962 possession proceedings were brought against them and a possession order was made in December 1962. No action was taken to enforce the possession order until 1974. If judgement for possession has been obtained the successful plaintiff has 12 years from the date of judgment within which to enforce it before any question of limitation can arise. In September 1974, leave was given to enforce the 1962 order, and a warrant was ordered to be issued but not to be enforced until 31 October 1974. The claim that B`s mother had obta
LIMITATION ACT 1980
CA 31 July 1987. Appeal by defendant tenant (B) from decision granting possession order to plaintiff landlords (P) for a farm house and garden. B sought to set up a possessory title by adverse possession by himself and by his parents before him. The judge in the earlier decision rejected this submission and made out the possession order sought by P. B`s parents were in adverse possession of the premises as from the termination of the previous tenancy in 1955. In 1962 possession proceedings were brought against them and a possession order was made in December 1962. No action was taken to enforce the possession order until 1974. If judgement for possession has been obtained the successful plaintiff has 12 years from the date of judgment within which to enforce it before any question of limitation can arise. In September 1974, leave was given to enforce the 1962 order, and a warrant was ordered to be issued but not to be enforced until 31 October 1974. The claim that B`s mother had obta
LIMITATION ACT 1980