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Smith v Lawson

Language: English Series: Property and Compensation Reports ; (1998) 75 PCR 466-472(7)Publication details: 1998Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS58925 (Browse shelf(Opens below)) 1 Available 87141-1001

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.