Lodge v Wakefield CC (1995)
Created by 121.1.18.237 on 3 November 2009, at 10:16
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[1995] 2 EGLR 124 (CA). The claimant lived in a house owned by the defendant local authority but, owing to an administrative error, payed no rent for twenty years. The claimant eventually made a claim to be registered as the owner of the property on the basis ofadverse possession. The authority claimed that the claimant did not have AnimusPossidendi, as he believed he had permission to live in the house as a tenant. The Court of Appeal found for the claimant. An 'intention to possession', it held, did not require an intention to become the legal owner. He clearly intended to possess the house by living in it and excluding everybody else, and his possession was clearly adverse as he had paid no rent for 20 years. See also buckinghamshire cc v moran (1989).
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