Mitchell v Watkinson & Anor

Mitchell v Watkinson & Anor

The tenancy between Lawrence and the Trustees was without a lease in writing, arising by implication from payment and acceptance of rent; the tenant or successor was in possession through licensees for the requisite limitation period, extinguishing the appellant's title under section 17 of the Limitation Act 1980.

Parties
Appellant: Jacki Thomas Laughlin Mitchell; Respondent: John Watkinson; Respondent: Andrew Williams
Jurisdiction
England and Wales
Judgment Date
19 November 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Tenancy, Estoppel
Property Law Civil Procedure Adverse Possession Limitation of Actions Tenancy Estoppel

Case Brief

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Parties

Jacki Thomas Laughlin Mitchell

Appellant

John Watkinson

Respondent

Andrew Williams

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the tenancy was a written tenancy under the Written Tenancy Agreement or an oral tenancy implied by conduct
  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 without a lease in writing, arising by implication from payment and acceptance of rent; the tenant or successor was in possession through licensees for the requisite limitation period, extinguishing the appellant's title under section 17 of the Limitation Act 1980.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.