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Trespass to land/land law question

  • 27-02-2009 3:55pm
    #1
    jpwicklow
    Registered Users, Registered Users 2 Posts: 32 ✭


    Ok guys i've a question for ye and wondered if any of ye might shed some light upon it.

    (ficticious case of C v. A & B)

    A went to an estate agent and looked for a commercial property, was shown one owned by B and offered a tenancy. took contract to solicitor had it checked and signed. took up tenancy paying rent to B every month. 1 year later C turns up claiming that he is the owner in Fee simple. A starts paying rent to solicitor awaiting court proceedings. A then receives a summons stating that he is trepassing. B is also a joint defendant. B maintains he is the owner but it is clear that C is the owner in fee simple, but has leased it to D. B claims that he was subleased it from D dispite a covenant stating that no such thing was allowed without C's permission. D is not named in any of the proceedings as a defendant.

    advise A

    I want to know how you think the courts would deal with this situation???Assuming A acted in good faith and honestly believed B to be the rightful holder, is it not unjust that strict liability applies and he was therefore a trespasser. Would the court take this into account in any award of damages to the plaintiff? for example B was the person who acted in a mala fide manner, therefore should it not be B who is liable for costs and damages?

    p.s sorry for the length


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