Mitchell v Watkinson & Anor

Mitchell v Watkinson & Anor

The tenancy of the southern section was not created by the written agreement but by implication from conduct (payment and acceptance of rent), so it was 'without a lease in writing.' Paragraph 5 of schedule 1 to the Limitation Act 1980 applied, and the right of action accrued on 8 October 1974. The tenant (or club as licensee) remained in possession for 12 years after that date, satisfying the adverse possession requirement. The claimant's title was extinguished on 8 October 1986. Security of tenure under the Landlord and Tenant Act 1954 did not prevent this result.

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
Civil Land/property / Judgment After Trial
Outcome
Claim dismissed as to the southern section; claimant's title extinguished by adverse possession under Limitation Act 1980.
Legal Topics
Adverse Possession of Registered Land, Limitation Act 1980 Application, Tenancy Without Lease in Writing, Security of Tenure Under Landlord and Tenant Act 1954
Land Law Adverse Possession Limitation of Actions Adverse Possession of Registered Land Limitation Act 1980 Application Tenancy Without Lease in Writing Security of Tenure Under Landlord and Tenant Act 1954

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Parties

Jacki Thomas Laughlin Mitchell

Claimant

John Watkinson

First Defendant

Andrew Williams

Second Defendant

Procedural Posture

Civil Land/property / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant's title to the southern section of land is barred by the Limitation Act 1980 due to adverse possession by the tenant holding over after the last payment of rent in 1974
  2. 2 Whether the tenancy was 'without a lease in writing' for the purposes of paragraph 5 of schedule 1 to the Limitation Act 1980
  3. 3 Whether the Landlord and Tenant Act 1954 security of tenure provisions prevent the operation of paragraph 5 of schedule 1 to the Limitation Act 1980

Ratio Decidendi

The tenancy of the southern section was not created by the written agreement but by implication from conduct (payment and acceptance of rent), so it was 'without a lease in writing.' Paragraph 5 of schedule 1 to the Limitation Act 1980 applied, and the right of action accrued on 8 October 1974. The tenant (or club as licensee) remained in possession for 12 years after that date, satisfying the adverse possession requirement. The claimant's title was extinguished on 8 October 1986. Security of tenure under the Landlord and Tenant Act 1954 did not prevent this result.

Court Disposition

Claim dismissed as to the southern section; claimant's title extinguished by adverse possession under Limitation Act 1980.

Orders

  • Counsel to agree a form of order reflecting that the representative of the estate of Mr Staddon is not a party but has acquired possessory title to the southern section.
  • No order as to the pond area; claimant's title to the pond area not extinguished.