Perry v Clissold [1907] AC 73

Facts

  • Perry v Clissold [1907] AC 73 addressed the legal standing of a person in possession of land without legal title, focusing on the doctrine of adverse possession.
  • The case arose when the Crown acquired land under statutory authority that Clissold had been occupying without legal title.
  • Clissold claimed compensation for the compulsory acquisition, asserting that his possessory rights entitled him to such compensation.
  • The central issue was whether someone in possession but without legal title is entitled to compensation when land is acquired by the Crown under statute.

Issues

  1. Whether a person in possession of land, but without legal title, has rights enforceable against all except the true legal owner.
  2. Whether such a possessor is entitled to compensation if the land is taken under statutory authority.
  3. How statutory terms such as "owners" should be interpreted in relation to possessors.

Decision

  • The House of Lords held that possessory rights are enforceable against all except the legal owner.
  • The court found that a possessor is entitled to claim compensation for land taken under statutory authority, even without legal title.
  • It was determined that, for statutory purposes, "owner" can include a person with possessory rights.

Legal Principles

  • Possession confers enforceable legal rights against everyone except the true owner.
  • Compensation provisions in statutes relating to land acquisition should be interpreted to include possessors, recognizing possession as a distinct legal interest.
  • The requirements for establishing possessory rights include continuous and exclusive possession, intention to possess, and lack of the legal owner's permission.
  • Statutory interpretation is central in determining the scope of rights held by possessors.

Conclusion

Perry v Clissold [1907] AC 73 established that a person in possession of land enjoys rights enforceable against all except the legal owner and is entitled to compensation for land taken under statutory authority, affirming the significance of possessory interests within property law.

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