Property Law Lecture 17

Flashcards on Adverse Possession and Freehold Title

Squatter’s Rights

Long use of land without the permission of the ‘paper owner’ can result in rights over that land.

Three Scenarios under the Land Registration Act 2002 (LRA 2002)

Unregistered land; Registered land where the cumulative period of continuous adverse possession amounted to at least 12 years on 13 October 2003; Registered land where the cumulative period of continuous adverse possession did not exceed 12 years on 13 October 2003.

Two Elements Needed to Establish Adverse Possession

Factual possession and the intention to possess.

Factual Possession

Some degree of physical control over the land.

Adverse Possession

The land is possessed without the permission or license of the paper owner.

Animus Possidendi

Intention to exclude the paper owner and the rest of the world.

Effect of Lapse of Time (Article 65 Sch-I of the Limitation Act 1963 – 12 years)

The expiration of the limitation period does not operate as a conveyance; it extinguishes the paper owner’s claim.

Section 17 Limitation Act 1980

The adverse possessor gains a legal estate in their own right.