Adverse Possession Flashcards
What is adverse possession?
A set of rules that offer an opportunity to a mere trespasser acquire a better title to the land than the person who ‘legally’ owns it
What is the civil action available to revoke squatters?
Owner can seek an order for possession from the civil courts
What does the Criminal Law Act 1977 s7 state?
An offence to enter on a property as a trespasser and fail to leave when asked to
What does the Legal Aid, Sentencing and Punishment of Offenders Act 2012 s144 state?
Made it an offence to squat in a residential building need to enter as a trespasser and know they are a trespasser
What does the Criminal Law Act 1977 s6 state?
Offence to use or threaten violence to gain entry of a premises
What does the Criminal Law Act 1977 s10 state?
Offence to obstruct an officer of the court by executing an order for possession granted by the civil courts
How long must a squatter be on land before they can claim adverse possession?
10 years for registered land
12 years for unregistered land
What was established in Best v Chief Land Registrar?
Someone committing a crime by squatting can still acquire the land by adverse possession
What were the facts in Best v Chief Land Registrar?
B heard land was empty and that the land owner had died however she hadn’t. He did up the house and began living there
He entered the land knowing he was a trespasser
What were the facts in J A Pye (Oxford) Ltd v Graham?
Grazing agreement ended and they refused to extend it. They continued to use the land for 15 years. House of Lords claimed they had acquired the land through adverse possession.
What were the facts in Zarb v Parry?
Adverse possession overruled the plans between neighbours
What are the 5 justifications for adverse possession?
- Prevents the pursuit of stale claims
- Squatter may be unaware he does not own the land
- Economic purposes
- Makes good defects in title and conveyancing workable
- Makes minor boundary disputes easier to fix
What are the reasons for preventing a pursuit of stale claims?
The right of the paper owner goes stale if they do not exercise that right within 12 years
What is meant by the economic purposes?
Use of the land is better than it lying idle
What are the requirements for adverse possession?
- Factual possession
2. Intention to possess
What was laid out in Powell v McFarlane?
Requirements were laid out here. The requirements apply to both registered and unregistered land.
What are the 3 things that Powell v McFarlane state are required for factual possession?
Must have:
- Physical control
- Single possession against the paper owner
- Context dependant (depends on type of land)
What was established in Red House Farms v Catchpole as factual possession?
Land used for shooting and this was enough to satisfy factual possession as it was the only ‘profitable use for the land’
What was established in Treloar v Nute as factual possession?
Using the land as though it is your own would satisfy. Suggested an exception in relation to land being held for future development
What was established in Seddon v Smith as factual possession?
Lock on gate being yours is enough to show ownership of the land
Also putting up a fence would establish factual possession
What was established in Buckingham CC v Moran as factual possession?
It was hard to see what more he could have done to acquire complete physical control of the plot. Locking the gate, only access through his land, farming and maintaining the land
What was established in Pye v Graham as factual possession?
Possession does not have to conflict from the paper owners
Factual possession is ordinary possession without the consent of the owner
