Property Law Lecture 17

Page 1: Title and Context

• SUGUIGN INSTITUTE OF LAW, JERSEY

• Subject: Property Law

• Lecture 17: Adverse possession and freehold title - Part I

Page 2: Learning Outcomes

• By the end of this topic and the relevant readings, you should be able to:

  • Explain the nature of adverse possession.

  • Describe how the limitation period is computed.

  • Distinguish the effect of lapse of time in the case of unregistered land from its effect under the LRA 1925 and LRA 2002.

  • Apply the rules of adverse possession to situations where the relevant facts occur under each of the three legal regimes.

  • Evaluate the effects of LRA 2002 on both unregistered and registered land in relation to adverse possession.

Page 3: Introduction to Adverse Possession

• ‘Squatter’s Rights’

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

Page 4: Scenarios Under LRA 2002

• Land Registration Act 2002 (LRA 2002) outlines three scenarios:

  1. Unregistered Land

  2. Registered Land with at least 12 years of continuous adverse possession since 13 October 2003.

  3. Registered Land with less than 12 years of continuous adverse possession as of 13 October 2003.

Page 5: Elements of Adverse Possession

• Two elements needed to establish adverse possession:

  1. Factual Possession

  2. Intention to Possess

Page 6: Definitions of Possession

• Possession

• Adverse: Land is possessed without permission or license from the paper owner.

• Factual Possession: Some degree of physical control over the land is established.

• Uninterrupted: There must be a chain of adverse possessors.

Page 7: Intention to Possess

• Intention (Animus possidendi)

• Objective test: Intention to exclude the paper owner and the rest of the world.

• Case Reference: JA Pye (Oxford) Ltd v Graham [2002] UKHL 30.

Page 8: Effect of Lapse of Time

• Legal Implications of Time

• Article 65 Schedule I of the Limitation Act 1963: 12 years of adverse possession can extinguish the paper owner's rights but does not act as a conveyance.

• Section 17 Limitation Act 1980: Upon expiration of the limitation period, the adverse possessor gains a legal estate in their own right.

Page 9: Contact Inform

SUGUIGN INSTITUTE OF LAW, JERSEY

Subject: Property Law

Lecture 17: Adverse Possession and Freehold Title - Part I

Learning Outcomes

By the end of this topic and the relevant readings, you should be able to:

• Explain the Nature of Adverse Possession: Understand the concept known as "Squatter’s Rights", where long-term use of land without the consent of the legal owner can lead to the establishment of rights over the property by the possessor.

• Describe How the Limitation Period is Computed: Familiarize with the statutory time frames under the Limitation Acts that dictate how long an adverse possessor must occupy the land before legal rights can be acquired.

• Distinguish the Effect of Lapse of Time: Differentiate how unregistered land and registered land are treated under the LRA 1925 and LRA 2002 concerning the lapse of time and adverse possession claims.

• Apply the Rules of Adverse Possession: Assess real estate situations involving varying time frames and conditions under all three legal regimes (unregistered, registered pre-2003, and registered post-2003).

• Evaluate the Effects of LRA 2002 on Adverse Possession: Understand the detailed implications of the LRA 2002 on both unregistered and registered land regarding adverse possession claims, including how this legislation affects disputing claims.

Introduction to Adverse Possession

• Definition of Squatter’s Rights: Adverse possession is often colloquially referred to as "Squatter’s Rights". The principle asserts that if an individual uses land for an extended period without the owner’s permission, they may establish legal rights to that land, subject to certain legal qualifications.

Scenarios Under LRA 2002

The Land Registration Act 2002 (LRA 2002) outlines specific scenarios for adverse possession claims:

1. Unregistered Land: Adverse possession is possible without any prior registration, typically proceeding under the general principles of land law.

2. Registered Land with at least 12 Years of Continuous Adverse Possession since October 13, 2003: If the adverse possessor can prove 12 years of unbroken possession, they may apply for ownership.

3. Registered Land with Less Than 12 Years of Continuous Adverse Possession as of October 13, 2003: Alternative provisions apply whereby the paper owner can be informed, giving them opportunity to contest the claim.

Elements of Adverse Possession

To establish a right to adverse possession, two essential elements must be demonstrated:

• Factual Possession: The individual must exhibit control over the land, possessing it in a manner that an owner would (e.g., through activities like cultivation, fencing, occupation, etc.).

• Intention to Possess: This intention must be clear and unambiguous, suggesting that the possessor intended to act as the owner of the property and exclude all others, including the legal owner.

Definitions of Possession

• Possession: Legal recognition of control over property.

• Adverse Possession: Occurs when land is occupied without consent from the rightful owner, suggesting an intention to claim ownership.

• Factual Possession: Must illustrate some degree of physical control over the land claimed, shown through activities or interventions on it.

• Uninterrupted: There needs to be continuity of adverse possession, meaning that there cannot be significant breaks in the occupation.

Intention to Possess

• Intention (Animus Possidendi): This is an objective legal test to assess whether the possessor intended to exclude the paper owner from exercising rights over the property. The existence of such intention is critical and was illustrated in the case reference: JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, where the court ruled on the necessary mindset required to establish adverse possession.

Effect of Lapse of Time

Legal Implications of Time

• Article 65 Schedule I of the Limitation Act 1963: States that after a period of 12 years of adverse possession, the paper owner’s rights may be extinguished but this does not in itself constitute a legal transfer of ownership.

• Section 17 Limitation Act 1980: Clarifies that upon the expiration of the said limitation period, the adverse possessor may acquire a legal estate.

Additional Concepts Related to Adverse Possession

• Legal Estate: Refers to the rights and powers of ownership over property which become evident upon successful adverse possession claims.

• Court Authority: The legal authority of courts to adjudicate disputes regarding claims of adverse possession, often considering historical facts and evidence presented.

• Challenges and Counterclaims: Legal provisions that allow paper owners to challenge claims of adverse possession, including ability to file requests to regain possession before the 12-year period lapses.

• Public Policy Considerations: The implications of adverse possession in terms of property rights, social equity, and community stability, as seen in case law and legal theory discussions.