ADVERSE POSSESSION

Question 1

SATISFYING ‘ADVERSE POSSESSION’

Answer 1

• Factual possession (POWELL V MCFARLANE)
• Intent to possess (PUE V GRAHAM 2002)
  -possession must be ‘adverse’ - there must be no license(permission) to be occupying that land, you must be a trespasser.
• must be inconsistent with the owners true rights
  (must the acts of the occupier be inconsistent with the paper titles intentions LEIGH V JACK 1879)
• THIS IS FOR BOTH REGISTERED AND UNREGISTERED LAND

Question 2

SATISFYING UNREGISTERED LAND…

Answer 2

involves the LIMITATION ACT 1980. gaining adverse possession over someones unregistered land; a time period must be satisfied (LA 1980 S15)
once that time period is satisfied under s17 the original owners right are extinguished.
in order for the twelve years to suffice, they must be ‘continuous’
there must also be intent to possess - established in PYE V GRAHAM 2002
if squatter satisfies rights - under section 9(5) LRA 2002 they can apply to be the first registered proprietor with possessor title

Question 3

LAND REGISTRATION ACT 2002

Answer 3

registered land criteria. aims to update the law from the LRA 1925; this act aimed

Question 4

LIMITATION ACT 1980

Answer 4

unregistered land criteria

Question 5

GRAY AND GRAY 1998

Answer 5

– law of adverse possession demonstrates ‘finds its rightful owner’

Question 6

Wendell Holmes

Answer 6

recognises connection of humans and property, investing everything into your property, you develop a connection with land.

Question 7

LLOYD’S V BUTLER 1950

Answer 7

Those who sleep on their claims should not be assisted by the courts in recovering their property

Question 8

ADVERSE POSSESSION AIMS:

Answer 8

• English land law recognises that new owner has a better title in land, therefore allows new owners chance to claim that land.
• Adverse possession clearly demonstrates the importance of Self-defining quality of property as an empirical fact
  -Can avoid the complexity of establishing a true owner, going through every legal right in history (finding all documents) finding true paper owner…
  -encourages new owners, therefore more land registered on the land registrar
  AP allows someone to easily claim title… (Can’t find paper trail it’s too difficult) just have to establish a certain amount of time with this property, have to establish you have to show you have exerted possessory control over land

Question 9

ADVERSE POSSESSION BENEFITS

Answer 9

• adverse possession is that it promotes certainty of title of who the title belongs to.
• if someone else is ‘sleeping on their rights, someone else should have the freedom to enjoy their land (it is the land owners fault)
• keeps land from going stale (transactional value of land, never have land being sold if you have to provide a paper trail. Long possessory control in land can recognise in title and that means in power.
• Keeping land in the market and circulating it.
• Land stewardship – this is an incentive for land owners to look after their land and take care of it.
• land law makes it easier to acquire title. The fact there are thousands of empty property strengthens the idea of adverse possession.
• LOCKE’S THEORY OF PROPERTY – if you invest time and resources in a property you should get something out of it, acquiring title. (Invested, improved the appearance loved and maintained
• Controlling the use of land – PYE V UK 2007 land does not remain in the hands of very few wealthy people. You are not going to look after your land? Other people should be able to enjoy it.
• Better able to control the use of land if it not in the hands of very few powerful individuals.