Williams v Jones & Anor [2002] EWCA Civ 1097 (10 July 2002)

Williams v Jones & Anor [2002] EWCA Civ 1097 (10 July 2002)

A former tenant who remains in continuous possession after the cessation of tenancy and non-payment of rent acquires adverse possession for the purposes of the Limitation Act 1980, Schedule 1, paragraphs 5 and 8, provided the acts of possession are consistent with the nature and use of the land, and there is no interruption sufficient to break continuity.

Citation
[2002] EWCA Civ 1097
Parties
Claimant/respondent: John Griffith Williams; First Defendant/appellant: Anita Jones; Second Defendant/appellant: Capital Landfill Restoration (Bath) Limited
Jurisdiction
England and Wales
Judgment Date
10 July 2002
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Tenancy, Possessory Title
Property Law Civil Procedure Adverse Possession Limitation of Actions Tenancy Possessory Title

Case Brief

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Parties

John Griffith Williams

Claimant/respondent

Anita Jones

First Defendant/appellant

Capital Landfill Restoration (Bath) Limited

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant acquired possessory title to land by adverse possession following cessation of tenancy and non-payment of rent
  2. 2 Whether the requirements of the Limitation Act 1980, Schedule 1, paragraphs 5 and 8, were satisfied

Ratio Decidendi

A former tenant who remains in continuous possession after the cessation of tenancy and non-payment of rent acquires adverse possession for the purposes of the Limitation Act 1980, Schedule 1, paragraphs 5 and 8, provided the acts of possession are consistent with the nature and use of the land, and there is no interruption sufficient to break continuity.

Court Disposition

Appeal dismissed

Orders

  • Appellant's costs to be assessed in accordance with the Community Legal Service (Costs) Regulations 2000
  • Application for permission to appeal to the House of Lords refused