LAND
LAW
NOTES
, Adverse Possession and Freehold Title
Adverse possession is obtaining ownership rights informally – squatting.
Since LRA 2002: it has been more difficult for a claim to ownership by adverse possession to
succeed in respect of land title which is registered.
Ian has ownership – freehold title/fee simple
How does he prove it?
Formally: title deeds [unregistered land] OR land registry [registered land]
Or
Informally: by taking possession without permission and being in possession for the
period of time required by law.
Mark has best claim.
Sharon 2nd best claim
Ian 3rd best claim. IF Sharon sued Ian
for recovery of land- she’d have a
better claim.
[Each person has a relatively stronger
claim to the land than the previous
person]
Limitation of Action: s15 Limitation Act 1980: allows owner of land a period of time to take
action to get rights recognised by law to evict the squatter: 12 YEAR PERIOD.
After the limitation period has passed; Mark has lost the right to reclaim ownership – his
claim to own the land is barred.
To claim adverse possession of M’s café, Ian must show:
1) Factual Possession of the café; AND
2) Intention to Possess it (Animus Possidendi); AND
3) His possession must be adverse
LAW
NOTES
, Adverse Possession and Freehold Title
Adverse possession is obtaining ownership rights informally – squatting.
Since LRA 2002: it has been more difficult for a claim to ownership by adverse possession to
succeed in respect of land title which is registered.
Ian has ownership – freehold title/fee simple
How does he prove it?
Formally: title deeds [unregistered land] OR land registry [registered land]
Or
Informally: by taking possession without permission and being in possession for the
period of time required by law.
Mark has best claim.
Sharon 2nd best claim
Ian 3rd best claim. IF Sharon sued Ian
for recovery of land- she’d have a
better claim.
[Each person has a relatively stronger
claim to the land than the previous
person]
Limitation of Action: s15 Limitation Act 1980: allows owner of land a period of time to take
action to get rights recognised by law to evict the squatter: 12 YEAR PERIOD.
After the limitation period has passed; Mark has lost the right to reclaim ownership – his
claim to own the land is barred.
To claim adverse possession of M’s café, Ian must show:
1) Factual Possession of the café; AND
2) Intention to Possess it (Animus Possidendi); AND
3) His possession must be adverse
