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Chapter

Cover Textbook on Land Law

7. Acquisition of an estate by adverse possession  

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

Cover Textbook on Land Law

7. Acquisition of an estate by adverse possession  

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.

Chapter

Cover Essential Cases: Land Law

R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal  

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

Cover Essential Cases: Land Law

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords  

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

Cover Essential Cases: Land Law

R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal  

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

Cover Essential Cases: Land Law

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords  

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

Cover Essential Cases: Land Law

Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal  

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

Cover Essential Cases: Land Law

Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal  

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

Cover Land Law Concentrate

8. Adverse possession  

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

Cover Land Law

4. Adverse Possession  

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

Cover The Principles of Land Law

6. Adverse Possession  

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.

Book

Cover Land Law

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

Cover Land Law Directions

6. Adverse possession  

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.

Book

Cover Concentrate Questions and Answers Land Law
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. The book also includes separate chapters on skills for success in both exams and in coursework assessments. The book is designed to provide support in understanding the process for achieving success in exams from initial study skills to a commentary on why the answers have been designed in certain ways.

Book

Cover The Principles of Land Law
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.

Chapter

Cover The Principles of Land Law

17. Property Law and Human Rights  

This chapter reflects on the interaction between property law and human rights law. Property law and human rights can interact in a number of different ways. The major division distinguishes those cases where human rights arguments are made to ‘bolster’ an existing property law-based argument, and those where the human rights argument is made to attempt to limit the scope of a property right. Thus, one can see the rules of property law and human rights working together, or they can be in conflict. The chapter first identifies the sources of human rights in English law, and then considers which rights are particularly important in relation to property law. It also looks at the mechanics by which key human rights interact with property law, and examines the question of horizontal effect in that context. Finally, the chapter addresses how human rights arguments have had influence in particular areas of land law, focusing on adverse possession, leases, actions for possession against trespassers, and mortgages.

Chapter

Cover Land Law

4. Registered Title and the Acquisition of Legal Estates  

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.

Chapter

Cover Land Law

9. Adverse Possession  

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.

Chapter

Cover Thompson's Modern Land Law

6. Adverse Possession  

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.

Book

Cover Land Law Directions

Sandra Clarke and Sarah Greer

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 an extended chapter on proprietary estoppel, and consolidation of the law on land registration into one chapter (4). New cases covered include the Supreme Court decision in Regency Villas Title Ltd v. Diamond Resorts (Europe) Ltd [2018] UKSC 57, which has cast new light on what can constitute an easement.