4. Adverse Possession

Land Law ◽  
2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Land Law ◽  
Long Period ◽  
Adverse Possession ◽  
The Law

In order to acquire an interest in land, certain formality requirements have to be satisfied. Legal estates and interests cannot, in the normal course, be acquired informally. This chapter explores one exception to this position: the law of adverse possession. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another's land for a long period of time. Land law recognizes other rights arising after use over a protracted period — for example, easements by prescription — but adverse possession is quite different, mostly due to its effects. If successful, the trespasser or squatter becomes the legal owner of the land. The chapter discusses the basis for adverse possession; analysing a claim to adverse possession; establishing a claim to adverse possession; terminating or interrupting a period of adverse possession; the effect of adverse possession; adverse possession and leasehold land; criminalizing residential squatting and adverse possession and human rights.

7. Acquisition of an estate by adverse possession

2018 ◽  
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Human Rights ◽  
Land Law ◽  
Land Registration ◽  
Adverse Possession ◽  
The Law ◽  
Rights Issues ◽  
New System

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.

7. Acquisition of an estate by adverse possession

2020 ◽  
pp. 136-162
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Human Rights ◽  
Land Law ◽  
Land Registration ◽  
Adverse Possession ◽  
The Law ◽  
Rights Issues ◽  
New System

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.

Land Law

2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Land Law ◽  
Academic World ◽  
The Family ◽  
Adverse Possession ◽  
Family Home ◽  
The Law

Land Law maintains a critical emphasis and encourages the reader to consider and understand the law in context (both within society and the academic world), not just in the abstract. Topics covered include: the principles of registered land, unregistered land, adverse possession, co-ownership, and interest in the family home. It also looks at licences and proprietary estoppel, leases, the law of easements and profits, covenants in freehold land, and the law of mortgages. Finally, it looks at land law and human rights.

Whatever Happened to Relativity of Title?

Land Law ◽  
2020 ◽  
pp. 243-264
Author(s):  
Elizabeth Cooke
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Land Law ◽  
Land Registration ◽  
Adverse Possession ◽  
The Law ◽  
The Impact

This chapter is about relativity of title and the law relating to adverse possession (also known as squatters’ rights), which used to be fundamental to land law but is now far less important following the enactment of the Land Registration Act 2002, where title is registered. The requirements for adverse possession are explained. The chapter examines the case law relating to the human rights implications of squatters’ title. The effect of adverse possession in registered land is explained. Finally, the chapter discusses the reasons why adverse possession continues to be a live concept and evaluates the impact and concerns of the 2002 Act.

Burke on Prescription of Government

1973 ◽  
Vol 35 (4) ◽  
pp. 454-474 ◽  
Author(s):  
S. J. Francis Canavan
Keyword(s):  
Long Period ◽  
Law Of Nature ◽  
Adverse Possession ◽  
The Law ◽  
The Way

Professor Paul Lucas has described Edmund Burke's theory of prescription as his “idea about the way in which an adverse possession of property and authority may be legitimated by virtue of use and enjoyment during a long passage of time.” The description is accurate so far as it goes. Burke certainly maintained that if one had held uncontested possession as the owner of a piece of property for a sufficiently long period of time, no earlier title to the property, however valid, could be revived and made to prevail against the occupant's title. Through the passage of time the occupant had acquired a title by prescription, and this in Burke's eyes was “the soundest, the most general, and the most recognized title … a title, which … is rooted in its principle, in the law of nature itself, and is indeed the original ground of all known property.” Burke also said: “Prescription is the most solid of all titles, not only to property, but, which is to secure that property, to Government.”

3. Land law and human rights

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Land Law ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter explains some provisions of the European Convention for the Protection of Human Rights and Freedoms and the Human Rights Act 1998 (HRA 1998), both of which are relevant to the study of land law. The significance of the HRA 1998 in land law cases is also discussed.

2. Interests in land

2020 ◽  
pp. 13-30
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Human Rights ◽  
Land Law ◽  
The People ◽  
The Law

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. The discussions cover interests in land; legal interests; equitable interests; legal and equitable interests compared; the multiplicity of rights; the classification of property; and human rights.

6. Adverse Possession

2019 ◽  
pp. 181-216
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

6. Adverse possession

2018 ◽  
Author(s):  
Sandra Clarke ◽  
Sarah Greer
Keyword(s):  
Human Rights ◽  
Human Rights Law ◽  
Land Registration ◽  
Adverse Possession ◽  
The Law

This chapter discusses the law on adverse possession. It first considers arguments for and against allowing adverse possession. It then describes changes in the law of adverse possession and outlines the main statutory provisions, namely the Limitation Act 1980, the Land Registration Act 1925, and the Land Registration Act 2002. Next, the chapter discusses what a squatter needs to show to make a claim to the land; the influence of human rights law on adverse possession; and the effects of adverse possession. The old scheme under the Limitation Act 1980 and the new scheme under the Land Registration Act 2002 are compared.

7. Adverse Possession

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

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