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(p. 24) 4. Adverse possession 

(p. 24) 4. Adverse possession
(p. 24) 4. Adverse possession

Margaret Wilkie

, Peter Luxton

, and Rosalind Malcolm

Page of

date: 18 December 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession. The Land Registration Act 2002 (LRA 2002) considerably reduced the significance of the doctrine of adverse possession in the system of registered titles; and as that system is rapidly replacing the unregistered system, the importance of adverse possession will diminish rapidly. The first question considers the legal position where an adverse possessor is squatting upon land subject to a lease, both where the title is unregistered and where it is registered. The second question deals with the court’s decision of whether a title has been barred by adverse possession.

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