14 - Adverse Possession

Source: Unlocking Land Law

Following is the summary of this chapter:

1) Meaning – s15 of the Limitation Act

2) Essential requirement of adverse possession – (a) Factual possession (b) intention to posses (c) sufficient length of time

3) Factual possession – (a) Claimant should exclude all others – see Powell’s case (b) for an unbroken period of time (c) he should have openly exercised (d) adverse to the paper title owner – see the case of Pye v Graham and contrast with BP Properties (interesting contrast!!) (e) The doctrine of implied license and changes brought in the Limitation Act to overturn it

4) Intention to possess – See various acts which discloses (or fails to disclose) intention to possess

5) Possession for a sufficient length of time – (a) The Limitation Act (b) Changes brought by Land Registration Act 2002 which effectively abolishes AP for registered land – see the new process / steps prescribed by this Act (see the table given in the book)

6) Adverse possession in tenancies – see how it operates in case of trusts (!!)

7) Nature of adverse possession – see how it differs in case of registered and unregistered land

8) Recovery of possession by the paper title owner

9) Adverse possession and Human Rights Act