adverse possession

Question 1

what is adverse possession?

Answer 1

the possession of land by someone other than the official owner without that owner’s consent

Question 2

what can adverse possession result in?

Answer 2

the ‘squatter’ acquiring ownership from the official owner

Question 3

when can an adverse possessor acquire title in unregistered land?

Answer 3

Limitation Act 1980
s15: will acquire title after adversely possessing for a period of 12 or more years
the true landowner is barred from bringing action against adverse possessors once 12 years has accrued
s17: once 12 years has gone the true owners title is extinguished

Question 4

how can someone acquire title over another’s land if it is registered land?

Answer 4

Land Registration Act 2002
must satisfy 2 requirements, there is then an application process:
- claimant is in factual possession of the land
- the claimant exhibits the requisite intention to possess the land

Question 5

what are the requirements for factual possession of the land?

Answer 5

• evidence that the squatter is in possession of the land as an occupying owner might deal with the land
• determined by nature of the land
• possession must be exclusive (excludes landowner and any other person enjoying rights over the land), adverse (without permission) and open

Question 6

what is animus possidendi?

Answer 6

must be shown that the adverse possessor had an intention to exclude the world at large and to put the land to their own particular use