Where a trespasser on land let on lease has as against the lessee acquired a title under the Statutes of Limitations, and the lessee subsequently surrenders the lease to the lessor, the lessor has no right of re-entry, and the period of. limitation does not begin to run, until the expiration of the term for which the lease was granted.
A reversion in fee simple expectant on the determination of a lease for years or lives is not a ‘ future estate or interest ‘ expectant on a particular estate within s. 2 of the Real Property Limitation Act, 1874.
The surrender of a lease by a lessee whose right and title to possession had been extinguished by effluxion of time gave the leaseholder no right of re-entry during the remainder of the term.
[1902] 2 KB 304, 87 LT 97, [1902] UKLawRpKQB 107
Commonlii
England and Wales
Cited by:
Wrongly decided – St Marylebone Property Co Ltd v Fairweather HL 16-Apr-1962
To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 December 2021; Ref: scu.252432
