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.

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.

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.

1. What is Land Law?

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Land Law ◽  
Building Society ◽  
Land Registration ◽  
Personal Rights ◽  
Content Acquisition ◽  
Private Rights ◽  
The Law ◽  
City Of London

This chapter introduces the reader to land law and explains why land law is studied at all. It also tackles three fundamental questions that are used to understand and structure the often complex rules encountered in land law: the content, acquisition, and defences questions. Three specific case law examples are discussed: National Provincial Bank v Ainsworth (1965), Williams & Glyn's Bank v Boland (1981), and City of London Building Society v Flegg (1988). Other topics covered in this chapter include: the importance of the statutory framework established by the Law of Property Act 1925 and the Land Registration Act 2002; the focus of land law on private rights to use land; the key distinction between personal rights and property rights; the importance of equitable rules and of statute in shaping land law; and the key role played by land registration in modern land law.

4. Registered Title and the Acquisition of Legal Estates

Land Law ◽  
2020 ◽  
pp. 93-137
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Land Registration ◽  
Adverse Possession

This chapter examines both the acquisition question and the content question in relation to legal estates within the context of the Land Registration Act 2002. More specifically, it considers how legal estates in land are created and transferred. It also explores the principles that lie behind the registration of title as well as the content of a registered title. After describing the formal acquisition of legal estates, the chapter focuses on the content of a registered title. It then analyses the extent to which a registered title is indefeasible in the light of case law on the effect of fraudulent transactions. It also explains how legal estates can be acquired informally through adverse possession and concludes with a discussion of the human rights aspect of adverse possession.

3. Sources of law: Authority and process

2021 ◽  
pp. 27-70
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legislative Procedure ◽  
The Law ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The legislative functions of the devolved administrations are mentioned. The law-making functions of judges, particularly through case law and the interpretation of statutes, are also considered, as is the impact of the Council of Europe on human rights. Finally, an outline of the law-making processes of the European Union is given.

3. Law, Equity, and Human Rights

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Rights ◽  
Fundamental Aspect ◽  
Land Law ◽  
The Common ◽  
Historical Basis ◽  
The Creation ◽  
The Law ◽  
The Impact

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.

4. Registered Title and the Acquisition of Legal Estates

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Land Registration ◽  
Adverse Possession

This chapter examines both the acquisition question and the content question in relation to legal estates within the context of the Land Registration Act 2002. More specifically, it considers how legal estates in land are created and transferred. It also explores the principles that lie behind the registration of title as well as the content of a registered title. After describing the formal acquisition of legal estates, the chapter focuses on the content of a registered title. It then analyses the extent to which a registered title is indefeasible in the light of case law on the effect of fraudulent transactions. It also explains how legal estates can be acquired informally through adverse possession or ‘squatting’ and concludes with a discussion of the human rights aspect of adverse possession.

3. Law, Equity, and Human Rights

2019 ◽  
pp. 43-85
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Rights ◽  
Fundamental Aspect ◽  
Land Law ◽  
The Common ◽  
Historical Basis ◽  
The Creation ◽  
The Law ◽  
The Impact

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.

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