Land - Adverse Possession

Question 0

Sch. 1 para. 10 LA 1980

Answer 0

S must show 30 years AP in the case of Crown land

Question 1

s15(1) LA 1980

Answer 1

S must demonstrate 12 years AP for UL

Question 2

Sch. 6 para. 1(1) LRA 2002

Answer 2

S must demonstrate 10 years AP for RL,

- UNLESS period of AP is before 13/10/03, in which case 12 years AP required

Question 3

Adverse Possession

Answer 3

1. Factual possession
2. Intention to possess
3. Absence of consent

Question 4

Powell v McFarlane

Answer 4

Factual possession is

• continuous/uninterrupted
• overt not secret
• exertion of a ‘reasonable degree of physical control’

Question 5

Williams v Usherwood

Answer 5

Fencing/parking/paved driveway is sufficient to constitute factual possession

Question 6

Tecbild v Chamberlain

Answer 6

Children playing/tethered ponies is not sufficient cause for a claim of factual possession

Question 7

Pye v Graham

Answer 7

1. Intention to possess is
   - intention to exclude everyone, including PTO, e.g. locked gates with key in S’s custody
   N.B. Intention may also be found in actions to exercise physical control
2. Willingness to pay will not defeat a claim for AP

Question 8

Bucks CC v Moran

Answer 8

1. Intention to possess does not have to amount to an intention to own
2. Knowledge of a future intended use will not defeat a claim for AP

Question 9

Lodge v Wakefield CC

Answer 9

Mistaken belief as to consent will not defeat claim for AP

Question 10

s32(1) LA 1980

Answer 10

Clock will not run if claim for AP founded on fraud

Question 11

s28(1) LA 1980

Answer 11

Clock will not run whilst PTO whilst he is a minor/mentally incapacitated

Question 12

ss29(2) and 30(1) LA 1980

Answer 12

Claim for AP will be defeated if S acknowledges PTO’s right to title in writing

Question 13

Ps Leeds v Ryesbridge Properties

Answer 13

Oral acknowledgment of PTO’s right to title will not defeat a claim for AP

Question 14

Form ADV1

Answer 14

Registration form used to apply for registration as new RP of RL following requisite period of AP

Question 15

r189 LRR 2003

Answer 15

RP has 65 days of receiving notice of claim for AP to object

- UNLESS one of three limited exceptions applies (Sch. 6 para. 5 LRA 2002)

Question 16

Bridges v Mees

Answer 16

S had genuine right to be registered as he had purchased for valuable consideration, but no conveyance had taken place

Question 17

Sch. 6 para. 5 LRA 2002

Answer 17

• S has right of estoppel
• S has genuine reason for being registered as RP
• There is a genuine boundary mistake affecting land registered for more than 1 year

Question 18

Re Nisbet & Potts Contract

Answer 18

S takes subject to existing easements and covenants

Question 19

Ocean Estates v Pinder

Answer 19

Intention to possess is intention to exclude everyone, including PTO

Question 20

Fairweather v St Marylebone Property

Answer 20

1. Time runs against the leaseholder, not freeholder

2. L may seek action for surrender of lease in case of AP in UL

Question 21

Sch. 6 para. 6 LRA 2002

Answer 21

Where RP objects to claim for AP in RL, but foes nothing to recover possession, S may reapply after 2 further years’ AP and will be registered automatically