Clowes Developments (UK) Ltd v (1) Ann Felice Walters (2) Claire Elizabeth Dowsett (3) Nigel Paul Dowsett
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 669 (Ch), 22 March 2005. Considers whether a claim to possession of a property by its registered proprietor can be resisted on the ground that the title to the property had been acquired by those resident in the property by virtue of the Limitation Act 1980 s15. The first defendant (W) had vacated the property in April 1988 but the second and third defendants (D) remained there until claimant (C), who had become the registered owner in August 1989, commenced proceedings to recover the property in November 2002. "Held": judgment for the claimant. The issue in this case is when C's cause of action to recover its property accrued. S15 and Sched 1 of the 1980 Act refer to a 12-year expiration period limiting action to recover land and contain provisions for determining the date of accrual of rights to action to recover land. D believed that their possession was by virtue of the permission given to W by the registered owner and did not ever have the intention of possessing the property such as to dispossess C. C is entitled to recover possession from the defendants (D).| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | L129662 (Browse shelf(Opens below)) | 1 | Available | 129662-1001 |
[2005] EWHC 669 (Ch), 22 March 2005. Considers whether a claim to possession of a property by its registered proprietor can be resisted on the ground that the title to the property had been acquired by those resident in the property by virtue of the Limitation Act 1980 s15. The first defendant (W) had vacated the property in April 1988 but the second and third defendants (D) remained there until claimant (C), who had become the registered owner in August 1989, commenced proceedings to recover the property in November 2002. "Held": judgment for the claimant. The issue in this case is when C's cause of action to recover its property accrued. S15 and Sched 1 of the 1980 Act refer to a 12-year expiration period limiting action to recover land and contain provisions for determining the date of accrual of rights to action to recover land. D believed that their possession was by virtue of the permission given to W by the registered owner and did not ever have the intention of possessing the property such as to dispossess C. C is entitled to recover possession from the defendants (D).