Mitchell v Watkinson & Anor [2014] EWCA Civ 1472 (19 November 2014)

Mitchell v Watkinson & Anor [2014] EWCA Civ 1472 (19 November 2014)

The tenancy between Lawrence and the Trustees was not a lease in writing but a periodic tenancy implied by conduct, so limitation time accrued from the last payment of rent. The tenant remained in possession through licensees, and the appellant's estoppel arguments failed. Lawrence's title was extinguished by adverse possession after twelve years from 8 October 1974.

Citation
[2014] EWCA Civ 1472
Parties
Appellant: Jacki Thomas Laughlin Mitchell; Respondent: John Watkinson; Respondent: Andrew Williams
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Estoppel, Limitation of Actions, Tenancy, Unincorporated Associations
Property Law Land Law Trusts and Estates Adverse Possession Estoppel Limitation of Actions Tenancy Unincorporated Associations

Case Brief

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Parties

Jacki Thomas Laughlin Mitchell

Appellant

John Watkinson

Respondent

Andrew Williams

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the tenancy was a written tenancy or an oral tenancy on the terms of the written agreement
  2. 2 Whether the tenant or successor was in possession for the purposes of adverse possession under the Limitation Act 1980

Ratio Decidendi

The tenancy between Lawrence and the Trustees was not a lease in writing but a periodic tenancy implied by conduct, so limitation time accrued from the last payment of rent. The tenant remained in possession through licensees, and the appellant's estoppel arguments failed. Lawrence's title was extinguished by adverse possession after twelve years from 8 October 1974.

Court Disposition

Appeal dismissed

Orders

  • Lawrence's paper title to the disputed land is extinguished under section 17 of the Limitation Act 1980.
  • Appellant's claim for possession and other relief is denied.