Mitchell v Watkinson & Anor [2013] EWHC 2266 (Ch) (25 July 2013)

Mitchell v Watkinson & Anor [2013] EWHC 2266 (Ch) (25 July 2013)

The tenancy in existence after 1947 was not created by a lease in writing as between Lawrence Mitchell and the Trustees, but arose by implication from conduct. Therefore, paragraph 5 of schedule 1 to the Limitation Act 1980 applied. The right of action for possession accrued on 8 October 1974, the date of last receipt of rent. The club remained in possession after that date, and such possession was adverse for limitation purposes. The Landlord and Tenant Act 1954 did not prevent the running of time. Accordingly, the Claimant's title to the southern section (and, by extension, the pond area) was barred by the Limitation Act 1980.

Citation
[2013] EWHC 2266 (Ch)
Parties
Claimant: Jacki Thomas Laughlin Mitchell; First Defendant: John Watkinson; Second Defendant: Andrew Williams
Jurisdiction
England and Wales
Judgment Date
25 July 2013
Procedural Posture
Chancery Division Possession/adverse Possession Claim / High Court Trial and Judgment
Outcome
Claim dismissed
Legal Topics
Adverse Possession, Limitation Act 1980, Tenancy From Year to Year, Lease in Writing, Security of Tenure Under Landlord and Tenant Act 1954
Property Law Landlord and Tenant Law Limitation Law Adverse Possession Limitation Act 1980 Tenancy From Year to Year Lease in Writing Security of Tenure Under Landlord and Tenant Act 1954

Case Brief

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Parties

Jacki Thomas Laughlin Mitchell

Claimant

John Watkinson

First Defendant

Andrew Williams

Second Defendant

Procedural Posture

Chancery Division Possession/adverse Possession Claim / High Court Trial and Judgment

Legal Issues

  1. 1 Whether the Claimant's title to the southern section and pond area is barred by the Limitation Act 1980 due to adverse possession
  2. 2 Whether the tenancy was 'without a lease in writing' for the purposes of paragraph 5 of schedule 1 to the 1980 Act
  3. 3 Whether the Landlord and Tenant Act 1954 affects the operation of the Limitation Act 1980 in this context

Ratio Decidendi

The tenancy in existence after 1947 was not created by a lease in writing as between Lawrence Mitchell and the Trustees, but arose by implication from conduct. Therefore, paragraph 5 of schedule 1 to the Limitation Act 1980 applied. The right of action for possession accrued on 8 October 1974, the date of last receipt of rent. The club remained in possession after that date, and such possession was adverse for limitation purposes. The Landlord and Tenant Act 1954 did not prevent the running of time. Accordingly, the Claimant's title to the southern section (and, by extension, the pond area) was barred by the Limitation Act 1980.

Court Disposition

Claim dismissed

Orders

  • The Claimant's claim for possession of the southern section and pond area is dismissed.
  • The Defendants' title by adverse possession is confirmed.