Adverse Possession

Question 1

What is adverse possession?

Answer 1

a legal doctrine whereby a claimant who has been in possession of another’s land for a long period of time (trespasser or squatter) can claim legal title to the land

Question 2

What is the basis for adverse possession?

Answer 2

it encourages landowners not to sleep on their rights, prevention of hardship

Question 3

How to analyse an adverse possession claim?

Answer 3

establish the claim to adverse possession, what is the effect on the original landowner’s title

Question 4

J. A. Pye LTD v Graham case?

Answer 4

the Grahams purchased a farm, Pye owned developmental land which adjourned the farm, the Grahams entered into a short grazing agreement with Pye to use the land, Pye wanted to apply for planning permission so refused to renew the razing agreement and requested the Grahams to vacate the land. They continued to occupy the land, the maintained the hedges, boundary fencing and they had the only key to the gate. the Grahams claimed title by adverse possession.

Question 5

What is exclusive possession?

Answer 5

the adverse possessor must possess the land to the exclusion of the landowner and any other person enjoying rights over the land

Question 6

What is open possession?

Answer 6

possession must not be concealed from the landowner, although it does not have to be ‘obvious’ and the paper owner does not have to be aware that the adverse possession claimant is in possession

Question 7

What is the effect of adverse possession in unregistered land?

Answer 7

Limitation act 1980