Adverse Possession

Question 1

which case does the concept originate from?

Answer 1

Asher v Whitlock [1865]

Question 2

what does the case of Powell v Macfarlane [1979] confirm?

Answer 2

factual possession and intention to possess are required elements of a claim

Question 3

AP must be open, not secret and not by force

Answer 3

Re Riley and the Real Property Rule [1965]

Question 4

MR for AP can be subjective or objective= treat land as if you own it

Answer 4

Prudential [1999]

Question 5

erected a gate

Answer 5

Moran [1990]

Question 6

Profitable use of the land

Answer 6

Red House Farm [1977]

Question 7

enclosure by a fence old case

Answer 7

Seddon v Smith [1877]

Question 8

accepting a licence, ends AP claim

Answer 8

Buckler [1988]

Question 9

acts too trivial do not amount to factual possession

Answer 9

Tecbuild v Chamberlain [1969]

Question 10

What is the process of AP in unregistered land?

Answer 10

s.15 LA 1980- 12 yrs of AP to qualify.
Form FR1

Question 11

What is the process of AP in registered land, where 12 yrs have been completed before 13/10/2003?

Answer 11

s.75 LRA 1925- Registered proprietor holds title on trust for squatter
squatter has to apply for a change of the register using AP1 form

Question 12

What is the process of AP in registered land after 13/10/2003?

Answer 12

ss.96-98 and sch. 6 LRA 2002
After 10 yrs, squatter can apply for registration.
LR notifies owner and other interested parties

Question 13

Post notification of the registered owner, what are the options the squatter faces

Answer 13

1. if owner doesn’t respond or agrees- sch.6 para 4 applies
2. if owner opposes, he has 2 yrs to evict the squatter, otherwise S can make a further application- sch.6 para 6 &7
   if the squatter has a ‘special case’ under sch.6 para 5- his interest may be registered regardless of opposition

Question 14

What are the special cases under sch.6 para 5 LRA 2002?

Answer 14

Estoppel, some other right in the land, reasonable mistake as to boundaries

Question 15

What makes ‘squatting’ a crime?

Answer 15

s.144 LASPOA 2012

Question 16

What are positive arguments in support of AP?

Answer 16

mistake- protect an innocent party, who has spent money and time on a piece of land, believing in to be his own
-keeping land in use
-facilitating easy and cheap investigation of title

Question 17

What were the basis for reform of AP?

Answer 17

outcry after Pye v Graham case- lack of ability to justify process as being in the public interest
rules were inappropriate for the new system of title absolute and registration- could constitute a trap of purchasers, since S used to retain an equitable interest even if not in occupation

Question 18

what are the s.98 defences if proceedings are initiated against a squatter?

Answer 18

at the date of the proceedings:
reasonable mistake as to boundaries- sch.6 para.5(4)
application- sch.6 para 1(completed the 10yrs) essentially

Question 19

why was Best case significant?

Answer 19

court allowed claim for AP, despite the obvious contradiction with s.144, which effectively made the act criminal

Question 20

erecting a gate isn’t always an intention to possess; may only be protecting a right of way

Answer 20

Amirtharaja v White [2021]; Littledale v Liverpool College [1900]