Markfield Investments Ltd v Evans
Markfield Investments Ltd v Evans
- 2001
- Property and Compensation Reports [2001] 81 P&CR 473-478(5) .
CA 9 November 2000. In response to a claim for possession of a property by the appellant (M) in 1999 the respondent (E) claimed to have been in continuous and exclusive possession since 1977, thus barring M's action under the Limitation Act 1990. M claimed that the property was vacant in 1978/79 and argued that a claim for possession brought by M's predecessor in title in 1990 but dismissed for want of prosecution in 1999 stopped 'time running' in favour of E's claim to adverse possession. The CA upheld the CC ruling that the issue of a writ did not prevent 'time running' and dismissed the appeal. Copy of the judgement available at http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/400BA8DD898E8CEF80256992004A4BF4?OpenDocument
ADVERSE POSSESSION
LAND REGISTRATION ACT 1925
LIMITATION ACT 1990
MARKFIELD INVESTMENTS LTD V EVANS
POSSESSION
POSSESSION CLAIMS
CA 9 November 2000. In response to a claim for possession of a property by the appellant (M) in 1999 the respondent (E) claimed to have been in continuous and exclusive possession since 1977, thus barring M's action under the Limitation Act 1990. M claimed that the property was vacant in 1978/79 and argued that a claim for possession brought by M's predecessor in title in 1990 but dismissed for want of prosecution in 1999 stopped 'time running' in favour of E's claim to adverse possession. The CA upheld the CC ruling that the issue of a writ did not prevent 'time running' and dismissed the appeal. Copy of the judgement available at http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/400BA8DD898E8CEF80256992004A4BF4?OpenDocument
ADVERSE POSSESSION
LAND REGISTRATION ACT 1925
LIMITATION ACT 1990
MARKFIELD INVESTMENTS LTD V EVANS
POSSESSION
POSSESSION CLAIMS