Adverse Possession Flashcards
Leigh v Jack 1879
Paper owner intended to
Use two strips of land as a road. Jack had had factual possession of land for 20 yrs for storage and mended fence
Court held no dispossession as jacks use of the land was not inconsistent with paper owners enjoyment
Buckinghamshire cc v Moran 1990
Moran sold land owned by the council by a previous users of land
As the area had been fenced and the council dispossessed for more than the requisite period of time the court held that Moran owned outright
Moran had also, fenced gated the land, tended it as garden and could only be accessed through his land
J A Pye v Graham 2003
Graham’s had an informal licence to graze cattle on land. Asked for a renewal of a yr with no reply. Carried on using the land anyway
Court held that the initial licence was not fatal to Graham’s being able to gain adverse possession as they would have been happy to enter into further agreement
Baxter v Mannion 2011
Baxter applied to land reg to register Mannion land after 10 years factual possession (Mannion registered)
Land reg served required notice but for personal reasons Mannion dos not respond until 4 months after Baxter registered
Mannion appealed and it was found Baxter did not have a strong enough claim
What is another name for dispossession?
Ouster
