Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords. The document also includes supporting commentary from author Aruna Nair.
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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.
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This chapter considers the acquisition question in relation to certain equitable interests, and more specifically the principal circumstances in which equitable property rights can be acquired. The discussion is centred on equitable interests that arise under a trust and on those acquired through the doctrine of proprietary estoppel. Equitable interests that arise under a trust are also known as beneficial interests. Interests that exist under a trust are necessarily equitable, but not all equitable interests require a trust. The chapter first considers how a beneficial interest under a trust can be acquired and how express trusts of land are created before turning to the acquisition of beneficial interests through resulting and constructive trusts. It then describes four types of constructive trust and goes on to explain the doctrine of anticipation. It also assesses the relationship between proprietary estoppel and constructive trusts.
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Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety for courts, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, recent case law on trusts of the family home and the nature of inference and imputation under a constructive trust, and reform of the law on co-ownership.
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Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, and reform of the law on co-ownership.
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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 in order to make a claim to the land 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.
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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 is not true, however, under the Land Registration Act 2002, and so this chapter deals with 1) the question of how adverse possession is established in all cases, and 2) the question of the effect of an adverse possession claim in both the unregistered and registered systems.
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This chapter explores the law of adverse possession which exists as an exception to position that interests in land can only be created when formality requirements are met. 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. If successful, the trespasser or squatter may become the legal owner of that land. The chapter discusses the justifications for adverse possession; the requirements that must be satisfied to establish a claim to adverse possession and the effect of adverse possession on the original landowner.
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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 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.
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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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The Concentrate Questions and Answers series offers 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 in both registered and unregistered land and also considers the implications for squatters’ rights of the European Convention on Human Rights.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter investigates in detail adverse possession. The acquisition of title by adverse possession consists of two distinct stages: first, the inception of adverse possession; and, secondly, the operation of limitation rules at the end of the requisite period of adverse possession. The concept of adverse possession reflects ideas underlying unregistered titles. The operation of adverse possession is generally incompatible with the ideas underpinning registration of title and this led to significant reforms in the Land Registration Act 2002 (LRA 2002). The LRA 2002 provides a new scheme of adverse possession through which title is obtained by registration, rather than by possession. A criminal offence of squatting in a residential building was introduced in 2012, but it has been held that the commission of the offence does not preclude a claim to title by adverse possession under the LRA 2002. Adverse possession rules have also been held to be human rights compliant.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of adverse possession. An owner of an estate in land (paper owner) is under no obligation to make use of that land; mere neglect will not end ownership. However, where that land is adversely possessed by another for the required period, the paper owner will lose his title to the land. Through his acts of adverse possession, the adverse possessor acquires a better title to the land than the paper owner. This is so even if such acts stem from an initial wrong, such as a trespass.
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Ben McFarlane, Nicholas Hopkins, and Sarah Nield
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter investigates in detail adverse possession. The acquisition of title by adverse possession consists of two distinct stages: firstly, the inception of adverse possession; and, secondly, the operation of limitation rules at the end of the requisite period of adverse possession. The operation of adverse possession reflects the ideas underlying unregistered titles. The operation of adverse possession is generally incompatible with the ideas underpinning registration of title, and this led to significant reforms in the Land Registration Act 2002 (LRA 2002). The LRA 2002 provides a new scheme of adverse possession through which title is obtained by registration rather than by possession. A criminal offence of squatting in a residential building was introduced in 2012, but it has been held that the commission of the offence does not preclude a claim to title by adverse possession under the LRA 2002. Adverse possession rules have been held to be human rights compliant.
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This chapter focuses on adverse possession, which is the obtention of title to land by means of possession without permission. It is the natural and logical consequence of the combination of the principle of relativity of title and of limitation (time limits) on actions. The chapter then analyses the rules relating to adverse possession, considering both unregistered land and registered land. Adverse possession is one of the few areas where the unregistered land rules are still regularly taught. The chapter also looks at the special situation which emerges when the rules on adverse possession interact with leases. Moreover, it examines the relationship between the adverse possession rules and criminal law. Finally, the chapter explores the justifications or explanations behind adverse possession, including the relationship between these rules and human rights.
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This chapter explores the law of adverse possession which exists as an exception to position that interests in land can only be created when formality requirements are met. 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. If successful, the trespasser or squatter may become the legal owner of that land. The chapter discusses the justifications for adverse possession, the requirements that must be satisfied to establish a claim to adverse possession, and the effect of adverse possession on the original landowner.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of adverse possession. An owner of an estate in land (paper owner) is under no obligation to make use of that land; mere neglect will not end ownership. However, where that land is adversely possessed by another for the required period, the paper owner will lose his title to the land. Through his acts of adverse possession, the adverse possessor acquires a better title to the land than the paper owner. This is so even if such acts stem from an initial wrong, such as a trespass.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles for adverse possession; adverse possession against land which is subject to a lease; and the complex rules applicable where adverse possession is taken against land which is registered title. It covers the rationale of adverse possession; possession giving a right to sue trespassers; the Limitation Act 1980; commencement of adverse possession; offence of squatting in a residential building; preventing the acquisition of title by adverse possession; and the effect of adverse possession.
