logo

Land law Assignment (PDF)

   

Added on  2021-05-31

10 Pages2591 Words273 Views
 | 
 | 
 | 
Running head: LAND LAWLand LawName of the StudentName of the UniversityAuthor Note
Land law Assignment (PDF)_1

1LAND LAWAnswer 3Whilst some key elements required to found a claim remain the same, the reality is that the LandRegistration Act 2002 has made a successful claim of adverse possession very challenging inregistered land.Before the enforcement of the Land Registration Act 2002, any person, an unlawfultenant, to be specific, was able to acquire the right to be registered as owner of any registeredestate if such person could establish that they were in adverse possession of the land for aminimum period of twelve years. The concept of adverse possession in respect of registered landhas been intrinsically a significant matter of concern. The problems associated with the doctrineof adverse possession cannot be easily resolved using the concept of indefeasibility of title,which otherwise strengthens the land registration system in the United Kingdom. Since theuncertainties associated with ownership that might justify adverse possession of unregisteredland does not apply to registered land as the legal ownership of such land is vested within theregistered proprietor, this essay discusses about the significant changes that has been brought byLand Registration Act 20021. With the commencement of the, a new legal framework has beendeveloped that is applicable to registered land which has made a successful claim of adversepossession in registered land, a challenging phenomenon. The term ‘adverse possession’ may be described as a claim to ownership of land thatarises from actual occupation of the land instead from any deed in favor of the claimant. It isusually not fair or practical to permit a person to make any claims of ownership only by enteringinto the land, hence, stringent rules have been formed with an objective to maintain a balance1Bradley, Curtis A., and Neil S. Siegel. "After Recess: Historical Practice, Textual Ambiguity, and ConstitutionalAdverse Possession." The Supreme Court Review 2014.1 (2015): 1-69.
Land law Assignment (PDF)_2

2LAND LAWbetween the interests of general public and the interest of the land owners2. There are certainessential elements of an adverse possession that must be established to bring a legal action. Firstly, the claimant must satisfy that he has been in factual possession of the land forstipulated limitation period as was stipulated in Powell v McFarlane [1977]3. It must imply thatthe claimant has an appropriate level of physical control over the land as was set out in J A Pye(Oxford) Ltd v Graham [2002]4. Secondly, the claimant must have necessary intention topossess and not merely an intention to own or acquire the ownership of the land as was ruled inBuckinghamshire County Council v Moran [1988]5. Lastly, the claimant had been in possessionof the land without the consent of the paper title owner and such possession has continued for therequired limitation period as was set out in Buckinghamshire County Council case. Prior to the enforcement of the LRA 2002, the adverse possession principle was based onthe limitation principle, which had similar results for unregistered and registered land. In respectof the unregistered land, the adverse possession for 12 years ceased the title of the paper ownerand the common law estate of the squatter or the unlawful tenant is developed from thepossession of such squatter on the land. Johnson (2016) states that even in case of registeredland, if the squatter gave an application with respect to such land, it shall cease the title of theregistered owner of the land paving the way to a new title of the squatter. However, to acquire alegal title, it is important to register but the squatter used to acquire the beneficial ownership overthe land automatically under a statutory trust. 2 Rosser IV, Malcolm E., and Benjamin K. Davis. "Adverse Possession: No, It Has Not Come and Gone." Okla. BJ87 (2016): 1937.3 Powell v McFarlane [1977] 38 P & CR 4524 J A Pye (Oxford) Ltd v Graham [2002] UKHL 305 Buckinghamshire County Council v Moran [1988] 86 LGR 472
Land law Assignment (PDF)_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
LW599 Land Law Assignment
|9
|2107
|71

Land Law: An Analysis of the Land Registration Act 2002
|14
|4053
|113

Construction Contract Law
|18
|6030
|36

Land Registration Act, 2002 | Property Law
|9
|2342
|62

Land Law: Adverse Possession, Lease, Trust of Land, Forfeiture Clause, Land Registration, Commonhold
|17
|4508
|408

Adverse Possession: Proving It Is Not a Relatively Easy and Cost Effective Process
|5
|1144
|63