Adverse Possession Flashcards
Requirements for adverse possession
- factual possession
- an intention to possess
- possession must be adverse
Powell v MacFarlane
Possession must be adverse
Smart v Lambeth Council
Claimant must have a sufficient degree of physical possession and control of land - level required will depend on the nature and quality of land in question
Buckinghamshire CC v Moran
Claimant must have been dealing with the land for their own benefit as the PTO would have done
Powell v MacFarlane
enclosure by fence or wall is sound evidence of factual possession
Seddon v Smith
Overall effect of the fencing not the motive behind the fencing
Hounslow LB v Minchinton
No requirement that claimant had intention to own for the requisite period, without consent from the PTO
Pye v Graham
Acknowledgment of the legal owners title defeats the claim of intention
Ofulue v Bossert
Possession must be without the owners consent
Ofulue v Bossert
12 years limited period after which the owner of unregistered land may not bring an action against the squatter to recover his land
S15 Limitation Act 1980
Once the squatter has been in possession for 12 years, the unreg owners paper title and right to sue is automatically extinguished and the squatter becomes the new legal owner
S17 Limitation Act 1980
Registered land - squatter to make application to HMLR to be registered as proprietor when they have atleast 12 years AP
S6 Land Registration Act 2002
The squatter will only be registered as proprietor if he registrar is satisfied that their case falls within 1 of 3 grounds:
- she is entitled to estoppel based on unconscionability
- she is entitled for some other reason
- the claim relates to a boundary dispute
Para 5 sch 6 LRA 2002
