Adverse Possession

Question 1

Pye v Graham

Answer 1

Requirements for adverse possession: (1) acts of possession (corpus), (2) intention to possess (animus) and (3) adverse to the owner.

Question 2

Best v Chief Land Registrar

Answer 2

Best treated property as his own for 14 years, lived there in breach of LASPOA, he was able to claim adverse possession despite breaching criminal law.

Question 3

Lord Advocate v Lovat

Answer 3

What constitutes adverse possession will depend on the nature of the land.

Question 4

Powell v McFarlane

Answer 4

Sufficient degree of physical control is required

Question 5

Treloar v Nute

Answer 5

Grazing cows and storing timber was factual possession.

Question 6

Red House Farms v Catchpole

Answer 6

Shooting over marsh land was factual possession.

Question 7

Walker v Burton

Answer 7

Putting up notices and granting licences to shoot was factual possession.

Question 8

Port of London Authority v Ashmore

Answer 8

Mooring a boat was factual possession.

Question 9

Roberts v Swangrove Estates

Answer 9

Concerned foreshore of river Severn, licensing fishing for area was factual possession.

Question 10

BP v Buckler

Answer 10

Could not be adverse possession as B had permission.

Question 11

Ofulue v Bossert

Answer 11

Must not acknowledge owner’s title.

Question 12

Buckinghamshire CC v Moran

Answer 12

Must not be merely an “intention to own or even an intention to acquire ownership, but an intention to possess”

Question 13

Asher v Whitlock

Answer 13

In unregistered land, possession creates title.

Question 14

Pye v UK

Answer 14

Challenges Article 1 - right to peaceful enjoyment of possessions. Court held it was in a state’s margin of appreciation to determine relevant property rules.