Adverse Possession

Question 1

“Adverse Possession” definition

Answer 1

without the permission of the ‘paper’ owner (or earlier possessor)

Question 2

“Adverse Possessor”/”Squatter”

Answer 2

the person who is currently in possession which is ‘adverse’ to the paper owner

Question 3

“Paper owner”

Answer 3

the person who has the title deeds that demonstrate an earlier ‘paper title’

Question 4

An intruder can acquire property in the land if her possession goes unchallenged long enough? True or False?

Answer 4

True.

Question 5

Is it possible for a squatter to acquire title by adverse possession without the owner even realising?

Answer 5

Yes.

Question 6

What is the limitation period/gateway period for claims of re-possession of registered land?

Answer 6

10 years

Question 7

What is the limitation period for claims of re-possession of unregistered land?

Answer 7

12 years

Question 8

Are rights lost after 10 years of adverse possession in registered land?

Answer 8

No, rights are never lost.

Question 9

Reasons for adverse possession?

Answer 9

• Unregistered land prevents ‘stale’ claims: brings certainty to title
• Psychological factors
• Avoids uncertainty - investigating title can be long
• Promotes active land use
• Landowners own fault

Question 10

Reasons against adverse poison?

Answer 10

• Registered land brings certainty to title claims; the accuracy of the register should prevent historic claims
• Only promotes vigilance in exclusion, not necessarily active land use.
• Property owners should not have to guard against ‘theft’, once they have purchased land, it is and should be theirs.
• Unfair on public bodies, not reasonable to expect public bodies to check all of their land
• Incompatible with ECHR?

Question 11

What are the 4 elements of adverse possession?

Answer 11

1. Factual Possession
2. Intention to possess
3. Possession must be adverse (without consent)
4. Application of limitation periods

Question 12

What is the meaning of ‘possession’; case law?

Answer 12

Pye v Graham (2002)

• “possession is single and exclusive”
• “possession in the ordinary sense of the word”

Question 13

What is needed to demonstrate that a squatter has taken possession?; case law?

Answer 13

1. Factual possession
2. The requisite intention to possess
   Powell v McFarlane (1977)

Question 14

Leading case for intention to possess?

Answer 14

Powell v McFarlane (1977)

Question 15

Powell v McFarlane (1977) case facts:

Answer 15

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