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Birrell and Another v Carey and Another

Language: English Series: Property and Compensation Reports ; (1989) 58 PCR 184-188(5)Publication details: 1989Subject(s): Summary: CA 12 April 1989 Appeal by the personal representatives of Mrs Farey (F) against a cc decision dismissing their action against Carey (C) for possession of land and workshops . In 1973 F had entered into an agreement with C whereby C would be allowed to occupy part of her land and build two workshops which he duly did. C was to have exclusive possession of the workshops so long as a company continued to trade. In 1986 F leased part of the farm to a third party and stated that matters had now been arranged for the 12 years until all concerned would retire. On F`s death, the representatives sought possession of the land. The action was dismissed by cc and they appealed. CA held, dismissing the appeal, that the grant of possession for a term described "so long as the company is trading" was sufficient to constitute a leasehold interest. In relation to the 1986 agreement, F`s remarks concerning a 12-year period before retirement constituted a variation of the tenancy and therefore C had a
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Law report London Journal article ABS41708 (Browse shelf(Opens below)) 1 Available 31908-1001

CA 12 April 1989 Appeal by the personal representatives of Mrs Farey (F) against a cc decision dismissing their action against Carey (C) for possession of land and workshops . In 1973 F had entered into an agreement with C whereby C would be allowed to occupy part of her land and build two workshops which he duly did. C was to have exclusive possession of the workshops so long as a company continued to trade. In 1986 F leased part of the farm to a third party and stated that matters had now been arranged for the 12 years until all concerned would retire. On F`s death, the representatives sought possession of the land. The action was dismissed by cc and they appealed. CA held, dismissing the appeal, that the grant of possession for a term described "so long as the company is trading" was sufficient to constitute a leasehold interest. In relation to the 1986 agreement, F`s remarks concerning a 12-year period before retirement constituted a variation of the tenancy and therefore C had a