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.
12
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
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, No 3 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.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
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.
Chapter
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.
Chapter
Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Chapter
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.
Chapter
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.
Chapter
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.
Chapter
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter first explores the concept of relativity of title. It demonstrates how the concept is closely linked to the law relating to adverse possession, by showing how the squatter's interest in the land can turn into true/sole ownership. It then describes how the Land Registration Act 2002 dramatically reduced the circumstances in which title can be acquired by adverse possession when title to the land is registered. The chapter also discusses the two main reasons why adverse possession remains a live concept. First, it is alive and well where title is not registered. Landowners whose titles are not registered may still lose them to squatters. The second reason is that adverse possession still plays a restricted role in registered title, For one thing, there may still be cases where title to land was lost to a squatter before the Land Registration Act 2002 came into force in October 2003. Transitional provisions were designed to ensure that there should be no difficulty in the squatter applying now for his title to be registered.
Book
Chris Bevan
Academically rigorous yet welcoming and fully attuned to the needs of the student reader, Land Law represents a new breed of textbook, blending traditional and contemporary teaching approaches to guide its readers to a confident understanding of the subject. With a lively, engaging writing style and distinctive way of speaking directly to students, anticipating questions and areas of confusion, Bevan’s book does not simply set out the law but actively teaches it. Clear explanations are complemented by frequent, carefully-crafted visual aids and topics are broken down into sections that are easy to digest and navigate. “Key case” boxes offer concise insights on leading cases, spurring further reading of primary material, and “Future directions” conclusions for each chapter consider future implications and likely reforms. Balancing brevity with detail and rigour with accessibility, Land Law is a truly modern textbook that supports and motivates its readers, helping them to understand and enjoy what can be a complex subject.
Chapter
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.
Chapter
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.
12
