Acquiring Title Flashcards
S2 Law of Property (miscellaneous provisions) Act 1989
Must be in writing
Must incorporate all the terms in one document
Must be signed on or behalf of both parties
Record v Bell [1991]
At the same time as the sale of a house a contract to sell chattels contained in the property was entered into. The purchaser refused to complete claiming the contract was void and it did not comply with s2. The court held that there were 2 valid contracts
Hooper v Sherman [1994]
It was decided that an exchanges of correspondence confirming an oral agreement relating to the terms of a separation of an unmarried couple and transfer of property could constitute a contract
S1 Law of Property (Miscellaneous Provisions) Act 1989
It must make clear on its face that it is intended to be a deed
It must be signed by the person making it in the presence of a witness
It must be delivered as a deed
Thorpe v Frank [2019]
Mrs Thorpe in 1986 paved a triangular area in front of her house which belonged to her neighbours the Franks with no objection. In 2013 she fenced off the area and claimed adverse possession. The pacing was a clear act of possession
Adverse possession
The adverse possessor must prove factual possession and intention to possess and the possession must be adverse
Zara v Parry [2011]
The Zara’s had tried to take possession of a strip of land which they believed was theirs but was being adversely occupied by the Parrys. The Zarbs banged in some fence posts but the Parry’s returned threatening to call the police and the Zarbs left. It was held there was no interruption in possession
Purbrick v Hackney London Borough Council [2003]
The claimant had parked his van near an empty building that was derelict. The roof was collapsed and no door. In 1992 the claimant put a new door and roof on. The claimant was able to claim factual possession and the necessary intent to possess
Colchester Borough Council v Smith [1992]
An adverse possessor did not asset his right to title to council land by way of adverse possession until the council attempted to regularise his occupancy. Eventually the defendant accepted a lease which acknowledged the councils title to land there was no valid claim of adverse possession
Heaney v Kirkby [2015]
Mrs Kirkby had satisfied the requirements of factual possession of an unregistered grass verge owned by her neighbour. The land was in her possession for over 12 years and Mr Heaney was time barred from claiming possession under the Limitation Act 1980
Adverse possession in registered land
Under Land Registration Act 1925 adverse possession was governed by the Limitations Act 1980
The Land Registration Act 2002 made changes and this is no longer governed by the Limitations Act 1980
S96 Land Registration Act 2002
A squatter who has been in adverse possession for 10 years can apply to be registered as the proprietor of the land in question
Application for adverse possession registered land
If a counter notice is served the squatters application will be rejected unless they can satisfy 1 of 3 conditions
It would be unconscionable for the registered proprietor to dispossess the squatter
The squatter is entitled to be registered as proprietor
The land is adjacent with no clear boundary lines and has had possession for at least 10 years and the land was registered for a year before
Adverse possession and leases unregistered
In unregistered land a squatter must prove adverse possession against tenant and landlord. The tenant will be time barred from claiming the lease after 12 years
Adverse possession and leases in registered land
If the squatter has met all the conditions for adverse possession they will be registered as proprietor of the lease and will be liable for rents under the lease
