Adverse Possession

Front 1

What is the 'first in time' rule?

Back 1

prior possession gives right to a legal right to defend possession.

Front 2

What was the purpose of the Limitation Act 1623?

Back 2

the prior possessor's right to recover possession is curtailed by the imposition of an arbitrary time limit on the assertion of claims.

Front 3

What case states that possession gives ownership 'good against every person except a person who has better, because older, title.'

Back 3

Newington v Windeyer (1985)

Front 4

What is the general rule regarding UNREGISTERED LAND, under the Limitation Act 1980, section 15(1)?

Back 4

after the expiration of 12 years from the date at which the adverse possession began, no action can be brought by any person to recover the land.
-in respect of 'crown actions' the time limit is 30 years.

Front 5

Which case states that immediately consecutive periods of adverse possession may be aggregated? (only when the first squatter consents to the second squatter taking over)

Back 5

Mount Carmel Investments v Peter Thurlow (1988)

Front 6

Which case states that upon effluxation of the 12 year period the squatter's possessory title gives him a superior title to all others?

Back 6

Buckinghamshire CC v Moran (1990)

Front 7

How is a adverse possessor of unregistered land affected by 3rd party rights over the land in question when he acquires title?

Back 7

He takes the land subject to all legal and equitable rights, irrespective of whether they have been registered under the LCA 1972.

Front 8

What are the 3 step to adverse possession?

Back 8

1) factual possession
2) intention to possess
3) the possession must be adverse

Front 9

Which case states that possession cannot be adverse if it is enjoyed under a licence?

Back 9

BP Properties v Buckler (1988)

Front 10

What is Roger Smith's view on the effect of the LRA 2002 on adverse possession?

Back 10

'the much watered-down version of adverse possession' contained in the act 'is undoubtedly one of the most fundamental changes to property law in the past century.'

Front 11

LRA 2002, Section 96(1)(3)?

Back 11

In registered land, mere lapse of time cannot in itself bar the rights of a registered proprietor.

Front 12

LRA 2002, section 6, para 11 (3)(a)?

Back 12

due to the lack of time period, it is immaterial whether or not the registered proprietor has commenced legal proceedings to terminate the squatter's position.

Front 13

LRA 2002, section 97, schedule 6, para 1(1)?

Back 13

if a squatter wishes to take over an existing registered title, he may apply to be registered proprietor if he has been in 'adverse possession' for the period of 10 years immediately preceding the date of application.

Front 14

LRA 2002, schedule 6, para 2-5?

Back 14

the squatter's application for registration is notified by the land registry to the relevant estate proprietor , as well as to registered charges (i.e. mortgagees) who have 65 business days to raise an objection to the adverse possession.
-any application will usually be defeated by mere objection.

Front 15

LRA 2002, Schedule 6, para 6-7?

Back 15

only in the absence of objection is the squatter entitled to be registered proprietor of the relevant estate.
-If the squatter remains in possession for a further 2years despite the freeholder's objection, he will be entitled to be registered as a proprietor.

Front 16

What is the effect of the changes made by the LRA 2002, as suggested in JA Pye (Oxford) Ltd v Graham (2003) ?

Back 16

it is much harder for a squatter who is in possession of registered lad to obtain a title against the wishes of the proprietor.

Front 17

Which case states that if the squatter's registration late turns out to be a 'mistake' (ie. he had no been in possession for 10 years) the register may be rectified against him and title returned to the original proprietor.

Back 17

Baxter v Mannion (2010)

Front 18

Which provision sets out the few exceptions to the statutory right of arbitrary rebuttal of a squatter's claim?

Back 18

LRA 2002, Schedule 6, para 5.

Front 19

What are the 3 exceptions to a title holder's objection?

Back 19

1) where it would be 'unconscionable because of an equity of estoppel' for the registered proprietor to seek to dispossess the applicant.

2) Where the applicant is entitled 'for some other reason' (e.g. under an uncompleted contract of purchase) to be registered as proprietor.

3)where the land in dispute borders upon land belonging to the applicant for registration, the exact boundary line never having been fixed, and was 'reasonably believed' by the applicant over at least the preceding 10 year period that it belonged to him.

Front 20

Effect of adverse possession on registered freehold (3rd party rights)- LRA 2002, Schedule 6, para 9(2)?

Back 20

a successful adverse possessor of a registered freehold will be bound by most 3rd party rights which already encumber the land.
-the exception to this is any registered charge (mortgage)- not least because the mortgagee will have failed to object to the squatter's application for registration.

Front 21

What is the effect of rights accrued before the 2002 act in registered land?

Back 21

Under LRA 2002, Schedule 12, para 18(1)- a squatter who completed the required time period for adverse possession before he act came into force will automatically be entitled to become registered proprietor.

Front 22

What is the effect of rights accrued before the 2002 act in unregistered land?

Back 22

If the relevant time period for adverse possession has run, such rights will 'override' first registration of the land as long as the squatter remains in actual occupation.

Front 23

What is stated under LRA 2002 section 11(4)(c) with regards to right before the 2002 act in unregistered land?

Back 23

even if the squatter has gone out of actual occupation, his interest will bind any first registered proprietor who has NOTICE of them.

Front 24

Which case states that the paper owner of land is under no obligation to make use of his land?- mere neglect does not cause him to lose his title.

Back 24

Hughes v Cork (1994)

Front 25

What is 'dispossession of land' and 'discontinuance of possession' as identified in Buckinghamshire CC v Moran (1990)?

Back 25

when a squatter comes in drives out the true owner from possession. The relevant period of limitation runs from the date of B's possession.

discontinuance of possession occurs when the true owner 'goes out of possession and is followed in by the owner'- it require a rebuttal of the heavy presumption that the paper owner continues in possession.

Front 26

What was the effect of Hounslow v Minchinton (1997)?

Back 26

it overruled the notion established in the earlier case of Leigh v Jack.
-the law now states that the acts of a squatter on dormant land do NOT have to substantially interfere with the paper owner's future plans for the plan, in order to constitute adverse possession.

Front 27

Which case determined the main 2 factors in establishing adverse possession, and what are they?

Back 27

JA Pye )Oxford) Ltd v Graham (2003)
1) factual possession
2) intention to posses

Front 28

What did Buckinghamshire CC v Moran say constituted 'factual possession?'

Back 28

'complete and exclusive physical control'

Front 29

Which case stated that factual possession must be 'open, no secret, peaceful, not by force, and adverse, not by consent of owner.'

Back 29

Mulchay v Curramore Ltd (1974)

Front 30

Limitations Act 1980, section 32(1), regarding factual possession?

Back 30

any element of fraud or concealment prevents the limitation period from beginning until the paper owner could reasonably have discovered the presence.

Front 31

Which case states that any written or signed acknowledgement of the paper owner's title within a period of otherwise 'adverse possession' is fatal to the squatter's claim?

Back 31

Lambeth LBC v Archangel (2002)

Front 32

Which case states no adverse possession can be claimed if the land is shared with the paper owner/ enjoyed by virtue of a lease or licence.

Back 32

JA Pye (Oxford) Ltd v Graham (2003)

Front 33

Which case states that AP does not have to be hostile? the squatter must have intent to possess, but not necessarily intent to dispossess.

Back 33

Hughes v Cork (1994)

Front 34

Which case states that the adverse claimant's intention to possess must be 'genuine' and made clear to the world?

Back 34

Powell v McFarlane (1977)

Front 35

What is stated in McPhail v Persons (1973)?

Back 35

neither homelessness nor destitution provide a defence to the squatter if the registered proprietor wishes to bring proceedings for recovery of his land.

Front 36

Can a tenant claim adverse possession against his landlord?

Back 36

no.

Front 37

What is the situation regarding adverse possession and periodic tenancies under LA 1980, schedule 1, para 5?

Back 37

possession becomes adverse only when the period covered by the last payment of rent has expired.

Front 38

what 2 hurdles must be overcome for a 3rd party squatter to obtain freehold title of land subject to a leasehold?

Back 38

the squatter must extinguish the rights of both the tenant's leasehold and the landlord's freehold interest.

Front 39

adverse possession of registered leasehold land- LRA 2002, schedule 6, para 1(1)?

Back 39

after 10 years adverse possession the squatter may apply to be registered proprietor, and this application can be rejected in the same way as with a freehold estate.

-If the application succeeds, the squatter takes registered leasehold title as an ASSIGNEE of the leasehold estate. (bound by covenants and obligations of the lease)

Front 40

How would the squatter gain freehold title of the land?

Back 40

Not until the lease had expired would the squatter be then able to adversely possess the freehold for 10 years, and the apply for registered freehold title- still subject to objection.
ALMOST IMPOSSIBLE.

Front 41

What does Ching Ping Kwan v Lam Island say about adverse possession of unregistered leasehold land?

Back 41

where a tenant's unregistered land is dispossessed, the 12 year adverse possession period begins immediately.
-because the tenant has never conveyed any leasehold title to the squatter (the lease not being registered) the latter will not rank as an assignee, so will NOT be directly liable on the tenant's covenants under the lease.

Front 42

What was stated is Marylebone Property Co v Fairweather (1963)?

Back 42

The landlord's unregistered title remains unaffected until the lease has expired, and then another 12 year period of adverse possession must run on the freehold estate.
HOWEVER, in unregistered land collusive surrender is allowed (tenant giving up tenancy before it is due to expire) to enable the landlord (freehold owner) to claim that he lease has been terminated, thereby accelerating his entitlement to recover possession from the squatter.