Source: All England Reporter
Publisher Citation: [2002] All ER (D) 144 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Schiemann, Buxton and Carnwath LJJ

Representation Bridget Williamson (instructed by Breese Gwyndaf, Porthmadog) for the claimant.
  Adrian Cooper (instructed by Thomas Graham, Cardiff) for the second defendant.
  The first defendant did not appear and was not represented.
Judgment Dates: 10 July 2002

Catchwords

Limitation of action - Land - Adverse possession - Dispossession of true owner - Acts amounting to dispossession - Claimant tenant of land - Claimant stopping payment of rent under tenancy - Whether necessary to show animus possidendi for purposes of adverse possession -  1, paras 5 and 8.

The Case

On the determination of a tenancy, possession changed from being with the landlord's consent to being without and was, therefore, adverse for the purposes of the . Accordingly, it was not necessary to show animus possidendi in cases involving former tenants, but merely possession.

Practice Areas

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