The court considered whether there had been an effective surrender of a property at law.
Held: Where a person claims to have been in occupation of land at law, but was not physically present, it was necessary to show that his occupation was manifested and accompanied by a continuing intention to occupy.
Judges:
Sir David Cairns
Citations:
(1980) 39 P and CR 121
Jurisdiction:
England and Wales
Citing:
Appeal from – Hoggett v Hoggett and Wallis 1979
An act of surrender of a lease by one of two joint tenants was ineffective where the other joint tenant remained living in the property. . .
Cited by:
Cited – Link Lending Ltd v Bustard CA 23-Apr-2010
The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 02 May 2022; Ref: scu.408606