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3 Cards in this Set
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- Back
- 3rd side (hint)
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Meaning of intention to possess |
What was stated by Lord Browne-Wilkinson in J A Pye (Oxford) Ltd v Graham (2002)? |
An intention to possess is not the same as an intention to own. What is important is that he intends to exclude the world at large, including the paper owner. It doesn't matter that he is aware that another person owns it. |
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Meaning of intention to possess |
Why is Best v Chief Land Registrar (2014) important in view of s144 Legal Aid, Sentencing and Punishment of Offenders Act 2012? |
s144 states that it is a criminal offence to squat on residential premises where the defendant knows or ought to have known of his trespassing. In Best v Chief Land Registrar (2014) the court held that s144 does not prevent a claim being made to adverse possession. |
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Meaning of intention to possess |
What is the importance of 'earmarked land' in the context of intention? |
The fact that the squatter knew that a landowner had a future intended use for the land does not defeat intention to possess (Buckinghamshire County Council v Moran (1990)). However, before 1980 if the squatters use was not inconsistent with the owners use it might be by implied licence (Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex & BP Ltd (1975)), but this rule has been abolished by para 8(4) Part 1 Sch 1 Limitation Act 1980. |
