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.

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.

8. Acquisition of an estate by adverse possession

2016 ◽  
Author(s):  
Judith-Anne MacKenzie
Keyword(s):  
Human Rights ◽  
Land Registration ◽  
Adverse Possession ◽  
The Law ◽  
Rights Issues ◽  
New System

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) makes major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and to 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 now 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.

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.

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.

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.

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.

The Principles of Land Law

2020 ◽  
Author(s):  
Emma Lees
Keyword(s):  
Critical Analysis ◽  
Subject Area ◽  
Learning Objectives ◽  
Land Law ◽  
Comprehensive Overview ◽  
Land Registration ◽  
Law System ◽  
The Core ◽  
Adverse Possession ◽  
The Subject

The Principles of Land Law provides a framework through which readers can gain a sophisticated understanding of the modern land law system. Firstly, the text explains the key learning objectives. Principles are summarised to conclude each chapter with a comprehensive overview of the topic at hand. Key cases are explained while examples illustrate problems and possible solutions. The aim is to ensure that readers understand how to apply the core principles to land law scenarios accurately, while also conducting their own critical analysis of the subject area. Topics covered include personal and property rights in land, land registration, adverse possession, freehold, leases and mortgages, ownership, and human rights and property law.

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.

Land Law Directions

2018 ◽  
Author(s):  
Sandra Clarke ◽  
Sarah Greer
Keyword(s):  
Full Range ◽  
Real Life ◽  
Land Law ◽  
Land Registration ◽  
Key Points ◽  
Adverse Possession ◽  
Life Context ◽  
Abstract Ideas ◽  
Assessment Questions

Land Law Directions provides engaging and straightforward explanations of difficult concepts. Case summaries, photographs, and examples are used throughout to provide real-life context and to clarify abstract ideas, while diagrams and definitions ensure the text is easy to follow and that key points are understood. The book provides a full range of resources designed to help build upon and further existing understanding, including thinking points, end of chapter questions, and tips on linking topics together. A final chapter pulls together key details from each chapter, showing how topics link together and apply to a fictional piece of land. An additional separate chapter focuses on preparing for exams, offering advice on approaching assessment questions and revision technique. This edition includes a new chapter on proprietary estoppel, and consolidation of the law on land registration into one chapter (4). New cases covered include Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2017] EWCA Civ 238; [2017] 2 P & CR DG8 (CA (Civ Div)) on rights of recreation as easements which pass with the land to each successive owner; Gore v Naheed & Ahmed [2017] EWCA Civ 369, which considered the old rule in Harris v Flower in relation to easements of way; Smith v Molyneaux [2016] UKPC 35 on unilateral permission/licences in adverse possession.

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.

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