000 01600cab a2200241 4500
001 ABS58925
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u87141
041 _aeng
245 _aSmith v Lawson
260 _c1998
350 _a0
490 _aProperty and Compensation Reports
_v(1998) 75 PCR 466-472(7)
520 _aCA 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.
650 _aADVERSE POSSESSION
650 _aLIMITATION ACT 1980
650 _aOCCUPATIONAL LICENSEE
650 _aPROMISSORY ESTOPPEL
650 _aSMITH V LAWSON
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c02/07/1998
999 _c54928
_d54928