The rules relatng to the grant of immediate possession to a landowner as against squatters applied in the County Court just as much as in the High Court. The amount of damages payable by a trespasser on land is ordinarily the letting value of the premises.
Citations:
[1978] 1 WLR 550, [1978] 1 All ER 721
Citing:
Applied – McPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
Cited by:
Cited – Boyland and Son Ltd v Rand and Others CA 20-Dec-2006
The defendant squatters sought leave to appeal an order for immediate possession.
Held: (As citeable authority) MacPhail remained good law despite the passing of the 1980 Act, and an order for immediate possession was correct. . .
Cited – Jones v London Borough of Merton CA 16-Jun-2008
The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease . .
Cited – Boyland and Son Ltd v Rand CA 20-Dec-2006
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave.
Held: The law had not changed, and section 89 could not be used to . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 14 May 2022; Ref: scu.248074