CHAPTER XI-ADVERSE POSSESSION-NOTES
Adverse Possession
INTRODUCTION:
Adverse possession at its most basic is the principle that long use of land
without the permission of the paper owner can result in rights over that
land for the squatter – a person who unlawfully occupies land.
It is one of the remarkable features of English Law and has is rooted in
feudal origins. ‘A mere trespasser actually acquires a netter title to land
than a person who legally owns it.’ After LRA 2002, this doctrine is
becoming out of date.
This principle has been long reflected through the limitation acts whose
policy has been that those who ‘sleep upon’ their claims (“RB Policies v
Butler”) should not be assisted to recover for their property. An adverse
possessor may by virtue of their long possession, be entitled to claim a
legal estate in fee simple absolute (owner of land) simply because
nobody else can claim a better right than the paper owner whose title is
now extinguished. It is important to distinguish between three separate
sets of legal rules of adverse possession applying in:
- Unregistered land.
- Registered land where the cumulative period of continuous adverse
possession amounted to at least 12 years on 13th Oct 2003.
- Registered land where the cumulative period of continuous adverse
possession did not exceed 12 years on 13th Oct 2003.
1
, CHAPTER XI-ADVERSE POSSESSION-NOTES
Unregistered Land:
1) Limitation period:
s.15(1) LA 1980 stated that no action shall be brought by any person
to recover any land after the expiration of 12 years from the date on
which the right of action accrued to him or, if it first accrued to some
person through whom he claims (the person who sold him the land),
to that person. The period of 12 years may be established by a
continuous series of adverse possessors of land. The period may be
extended in case of disability (where the paper owner is child or lacks
mental capacity) – supervening and successive disabilities. The
commencement of the period may be postponed in case of fraud.
After the time period of 12 years, the paper owner’s title will be
extinguished as per s.17 LA 1980.
2) Accrual of right of action:
No right of action can arise unless the land is in adverse
possession, though the date at which this actual accrual occurs
varies according to the nature of the interest which the stranger
seeks to bar. Two elements are needed to establish adverse
possession as stated in “Powell v McFarlane”. The squatter must
show factual possession and an intention to possess.
a) Factual possession: The owner and squatter both cannot be in
possession at the same time and the intention to possess on part of
the squatter must be an intention to exclude the world at large,
including the paper owner. This was illustrated in “Pye v
Graham” or “Batt v Adams” where the land was fenced.
2
Adverse Possession
INTRODUCTION:
Adverse possession at its most basic is the principle that long use of land
without the permission of the paper owner can result in rights over that
land for the squatter – a person who unlawfully occupies land.
It is one of the remarkable features of English Law and has is rooted in
feudal origins. ‘A mere trespasser actually acquires a netter title to land
than a person who legally owns it.’ After LRA 2002, this doctrine is
becoming out of date.
This principle has been long reflected through the limitation acts whose
policy has been that those who ‘sleep upon’ their claims (“RB Policies v
Butler”) should not be assisted to recover for their property. An adverse
possessor may by virtue of their long possession, be entitled to claim a
legal estate in fee simple absolute (owner of land) simply because
nobody else can claim a better right than the paper owner whose title is
now extinguished. It is important to distinguish between three separate
sets of legal rules of adverse possession applying in:
- Unregistered land.
- Registered land where the cumulative period of continuous adverse
possession amounted to at least 12 years on 13th Oct 2003.
- Registered land where the cumulative period of continuous adverse
possession did not exceed 12 years on 13th Oct 2003.
1
, CHAPTER XI-ADVERSE POSSESSION-NOTES
Unregistered Land:
1) Limitation period:
s.15(1) LA 1980 stated that no action shall be brought by any person
to recover any land after the expiration of 12 years from the date on
which the right of action accrued to him or, if it first accrued to some
person through whom he claims (the person who sold him the land),
to that person. The period of 12 years may be established by a
continuous series of adverse possessors of land. The period may be
extended in case of disability (where the paper owner is child or lacks
mental capacity) – supervening and successive disabilities. The
commencement of the period may be postponed in case of fraud.
After the time period of 12 years, the paper owner’s title will be
extinguished as per s.17 LA 1980.
2) Accrual of right of action:
No right of action can arise unless the land is in adverse
possession, though the date at which this actual accrual occurs
varies according to the nature of the interest which the stranger
seeks to bar. Two elements are needed to establish adverse
possession as stated in “Powell v McFarlane”. The squatter must
show factual possession and an intention to possess.
a) Factual possession: The owner and squatter both cannot be in
possession at the same time and the intention to possess on part of
the squatter must be an intention to exclude the world at large,
including the paper owner. This was illustrated in “Pye v
Graham” or “Batt v Adams” where the land was fenced.
2
