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15 Cards in this Set
- Front
- Back
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Pye v Graham |
Requirements for adverse possession •physical/factual possession of the land •possession must be adverse • intention to possess the land to exclusion of others Intention to possess • remains even if claimant would have accepted permission • previous permission - remaining after it ends may be sufficient |
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Powell v McFarlane |
Intention to possess - put to his own use Physical possession - using as landowner might |
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Buckinghamshire CC v Morgan |
Intention to possess •still present if used for same purpose as landowner was going to use it for • actions of adverse possessor may give indication |
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Blackburn |
Awareness that land belongs to another is not fatal, acknowledgement is |
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Michington |
Fence • keep out world or prevent dog’s escape |
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Best v Chief Land Registrar |
Criminal offenses • not themselves a bar to adverse possession claim |
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Ofulue v Bossert |
Acknowledgement of title before expiry of limitations period • court pleadings acceptable •written document operated at time - not continuous |
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Smith v Waterman |
Limitations period does not stop merely by paper owners going on land |
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Colchester v Smith |
Written acknowledgement of paper owner’s title given after period of limitations has ended can be enough to prevent reliance on adverse possession |
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Asher v Whitlock |
Adverse possessor waiting for completion of limitation period may transfer rights they have by will or inter vivos |
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Baxter v Mannion |
LRA 2002 10 years adverse possession has occurred and is occurring • paper owner may recover land if false |
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IAM group v chowdrey |
Boundary exception •belief that land belonged to him - reasonable • has to be his belief, not jis solicitors • being told that his land was not his did not make belief unreasonable |
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Purbrick v Hackney LBC |
Factual possession - enough is more than enough |
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Mitchell v Watkinson |
Later admission of title is also valid, possess in meantime |
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Clowes v Walter |
Belief that land is currently held with permission is fatal |
