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3 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Meaning of "adverse" |
What was the importance of Smart v Lambeth LBC (2013)? |
Any possession must be without any kind of express or implied licence or consent. |
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Acknowledgment of paper owners title |
What was important about cases such as Colchester Borough Council v Smith (1992), Lambeth LBC v Bigden (2000) and Ofulue v Bossert (2009)? |
They all demonstrate where the squatter has acknowledged the paper owners title and defeated adverse possession, particularly where the owner has tried to regulate the occupation by granting a licence or lease. This does not affect negotiations leading up to a lease or licence (Colin Dawson Windows Ltd v Kings Lynn & West Norfolk Borough Council (2005)). Time will cease to run and limitation period will have to start afresh. |
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Future intended use |
What was the importance of para 8(4) Part 1 Sch 1 Limitation Act 1980? |
It overruled decision in Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex & BP Ltd (1975) whereby if squatters use was consistent with owners intended use possession could not be adverse. |
