Edgington v Clark: 1963

All that is required to constitute an acknowledgement so as to defeat a claim under limitation, is that, as between himself and the paper title owner, the person in possession acknowledges that the paper title owner has the better title to the land. Whether or not a particular writing amounts to an acknowledgement depends on the true construction of the document in all the surrounding circumstances. It is not possible to lay down any more general rule than that. Upjohn LJ said: ‘Whether or not a particular writing amounts to an acknowledgment must depend on the true construction of the document in all the surrounding circumstances.’

Judges:

Upjohn LJ

Citations:

[1963] 1 QB 367

Statutes:

Limitation Act 1980 30

Cited by:

CitedMayor and Burgesses of London Borough of Lambeth v George Bigden and Others CA 1-Dec-2000
A block of flats had been occupied over several years by a succession of squatters. The present occupiers appealed an order for possession, and the authority appealed refusal of possession for other flats. The occupiers asserted possessory title. . .
Lists of cited by and citing cases may be incomplete.

Limitation, Land

Updated: 29 April 2022; Ref: scu.187454