It was a misunderstanding of the legal effect of 12 years adverse possession under the Limitation Acts to treat it as if it gave a title: ‘the operation of the statute in giving a title is merely negative; it extinguishes the right and title of the dispossessed owner, and leaves the occupant with a title gained by the fact of possession and resting on the infirmity of the right of others to eject him.’
Judges:
Scrutton LJ
Citations:
[1930] 2 KB 16
Jurisdiction:
England and Wales
Cited by:
Approved – Chung Ping Kwan and others v Lam Island Development Company Limited PC 8-Jul-1996
(Hong Kong) Various provisions had been made for the termination of long leases in Hong Kong. Land had come to be occupied by adverse possession. At first instance the judge had given judgment against the squatters, but then retracted after a later . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Limitation
Updated: 09 May 2022; Ref: scu.191152