1) Teresa v Graham
Graham’s Mushroom Patch Issues
Graham’s license to use the mushroom patch on Apple Manor was terminated in the summer of 1991 but Graham kept on using the land. Graham is in a position to make a claim to be registered as a proprietor of the mushroom patch land, which Teresa wants to stop.
Adverse Possession
Benedetta’s name is on the legal title of Apple Manor making her the original proprietor owner of the land. Teresa would have to take action on Benedetta’s behalf or advise her on what to do as she is only a beneficiary. Grahams claim for proprietorship to the mushroom patch stems from the informal acquisition of legal title by registration from adverse possession. The act of allowing acquisition of title through adverse possession is to make sure that the land is put to good use and not neglected. Adverse possession happens when a person occupies another’s land without permission for a certain period of time resulting in the land becoming theirs. This has no effect until an application for registration has been submitted and the adverse possession was continued for at least 10 years immediately prior. If Graham was to make an application for registration and it …show more content…
Teresa is not able to dispossess Graham through eviction or take back possession as the expiry of the limitation period to defeat the claim as occurred. Instead, if Graham has not made an application for registration then Teresa could end the period of adverse possession by getting Graham to end adverse possession or getting a judgement for possession. To end adverse possession Graham would need to formally acknowledge Benedetta’s proprietary ownership title, made in writing and signed. Similarly, if Teresa was to get Graham to make a payment for the land or to enter a licence then continuity of adverse possession would
Graham’s Mushroom Patch Issues
Graham’s license to use the mushroom patch on Apple Manor was terminated in the summer of 1991 but Graham kept on using the land. Graham is in a position to make a claim to be registered as a proprietor of the mushroom patch land, which Teresa wants to stop.
Adverse Possession
Benedetta’s name is on the legal title of Apple Manor making her the original proprietor owner of the land. Teresa would have to take action on Benedetta’s behalf or advise her on what to do as she is only a beneficiary. Grahams claim for proprietorship to the mushroom patch stems from the informal acquisition of legal title by registration from adverse possession. The act of allowing acquisition of title through adverse possession is to make sure that the land is put to good use and not neglected. Adverse possession happens when a person occupies another’s land without permission for a certain period of time resulting in the land becoming theirs. This has no effect until an application for registration has been submitted and the adverse possession was continued for at least 10 years immediately prior. If Graham was to make an application for registration and it …show more content…
Teresa is not able to dispossess Graham through eviction or take back possession as the expiry of the limitation period to defeat the claim as occurred. Instead, if Graham has not made an application for registration then Teresa could end the period of adverse possession by getting Graham to end adverse possession or getting a judgement for possession. To end adverse possession Graham would need to formally acknowledge Benedetta’s proprietary ownership title, made in writing and signed. Similarly, if Teresa was to get Graham to make a payment for the land or to enter a licence then continuity of adverse possession would