Lares v Lares and others (Trinidad and Tobago)

Lares v Lares and others (Trinidad and Tobago)

The appellant failed to prove exclusive control and intention to possess the upstairs portion of the property for the statutory period; concurrent findings of fact by the trial judge and Court of Appeal are not to be disturbed absent special circumstances, which were not shown.

Parties
Appellant: Lares; Respondents: Lares and others
Jurisdiction
England and Wales
Judgment Date
13 July 2020
Procedural Posture
Civil Appeal / Final Appeal (privy Council)
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Co Ownership, Pleadings, Partition and Sale
Property Law Civil Procedure Adverse Possession Co Ownership Pleadings Partition and Sale

Case Brief

Summary, issues, holding and outcome

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Parties

Lares

Appellant

Lares and others

Respondents

Procedural Posture

Civil Appeal / Final Appeal (privy Council)

Legal Issues

  1. 1 Whether the appellant acquired title to part of the property by adverse possession against co-owners
  2. 2 Whether the appellant exercised exclusive control and intention to possess for the statutory period
  3. 3 Whether the respondents' pleadings were sufficient to put factual possession in issue

Ratio Decidendi

The appellant failed to prove exclusive control and intention to possess the upstairs portion of the property for the statutory period; concurrent findings of fact by the trial judge and Court of Appeal are not to be disturbed absent special circumstances, which were not shown.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.