Adverse possession
Adverse possession requires 2 elements (Powell v MacFarlane):
● Factual possession (exclusive possession)
● Intent to possess
The prior owner of the land can dispossess the adverse possessor of the land before the expiry
of the limitation period to defeat their claim to adverse possession. This can be done through
self-help or a possession claim
Unregistered land (and registered land before 2002)
For unregistered land, after 12 years the paper owner is barred from bringing a possession
claim and his title is extinguished (s15, 17 Limitation Act 1980)
Nature of the right acquired by adverse possession
- Tichborne v Weir: the limitation period (in the instant case, an earlier equivalent to s15,
17 Limitation Act 1980) doesn’t create a new title in the squatter, or convey the paper
owner’s title to him (rather, the squatter’s title is based on his adverse possession)
Adverse possession
- Powell v McFarlane: possession requires 2 elements:
- Factual possession
- An appropriate degree of exclusive physical control - dealing
with the land as an owner would
- NB it need not be absolute physical control; this may be
impossible for a large area of land. What counts as sufficient
physical possession depends on the circumstances (the nature of
the land and the manner in which land of that nature was
commonly used)
- Intent to possess
- This involves the intention to ‘exclude the world at large’ as far
as possible, including the paper owner
- E.g. in the instant case, the squatter’s actions of grazing livestock on the land
and repairing the fences, did not amount to factual possession
- J A Pye (Oxford): the 2nd requirement of possession, intent to possess, isn't about
excluding others (as in Powell), but about using the land for one’s own benefit
- Intent to possess does not require an intent to own or acquire ownership of land
- NB this shifted away slightly from a focus in Powell of intent to possess as based
on using the land in a way that excludes the paper owner, to using the land in a
self-interested way
- Buckinghamshire CC v Moran: outlined the prerequisites for adverse possession
, - The squatter does not have to use the land inconsistently with the
purposes for which the landowner held the property
- However, the squatter’s possession must be ‘adverse’ (on top of the
Powell requirements of factual possession and intent to possess), i.e.
without the paper owner’s consent/license
- Applied to unregistered land under Limitation Act 1980 but may still be applicable
Multiple squatters - unregistered land
These cases are for unregistered land; for registered land see above!
- Mount Carmel Investments: if squatter A is dispossessed by squatter B, squatter A can
recover possession from squatter B, and he has 12 years from the dispossession to do
so
- However, squatter A can sell or give squatter B his interest in the property, in
which case squatter A cannot then disposes squatter B
- Site Developments (Ferndown) v Cuthbury: a number of successive periods of
adverse possession can be added together so as to allow the squatter to acquire
title
- This is because time runs against the true owner from the time when adverse
possession begins; as long as adverse possession ‘continues unbroken’ it
doesn't matter who’s doing it
- NB in application to registered land, under LRA 2002 successive squatters can
only add together time periods of different squatters where permitted by
Schedule 6(11(2))
Disrupting adverse possession
- Markfield Investments v Evans: adverse possession can be brought to an end by:
- The squatter vacating the premises
- The squatter giving a written acknowledgment of the true owner's title
- The true owner granting a tenancy or license to the squatter
- The true owner physically re-entering the land
- NOT a claim for possession being issued/served (since otherwise all the
paper owner would need to do to save his land is issue a claim every 12
years)
- Applied to unregistered land under Limitation Act 1980 but may still be applicable
Registered land
For registered land, after 10 years of adverse possession the squatter can apply to have
his title registered (Schedule 6(1) LRA 2002); he doesn’t acquire title automatically
The Land Registrar is required to notify the registered owner (Schedule 6(2)) and if the
registered owner objects to the registration, under Schedule 6(5) then the squatter cannot
be registered unless:
Adverse possession requires 2 elements (Powell v MacFarlane):
● Factual possession (exclusive possession)
● Intent to possess
The prior owner of the land can dispossess the adverse possessor of the land before the expiry
of the limitation period to defeat their claim to adverse possession. This can be done through
self-help or a possession claim
Unregistered land (and registered land before 2002)
For unregistered land, after 12 years the paper owner is barred from bringing a possession
claim and his title is extinguished (s15, 17 Limitation Act 1980)
Nature of the right acquired by adverse possession
- Tichborne v Weir: the limitation period (in the instant case, an earlier equivalent to s15,
17 Limitation Act 1980) doesn’t create a new title in the squatter, or convey the paper
owner’s title to him (rather, the squatter’s title is based on his adverse possession)
Adverse possession
- Powell v McFarlane: possession requires 2 elements:
- Factual possession
- An appropriate degree of exclusive physical control - dealing
with the land as an owner would
- NB it need not be absolute physical control; this may be
impossible for a large area of land. What counts as sufficient
physical possession depends on the circumstances (the nature of
the land and the manner in which land of that nature was
commonly used)
- Intent to possess
- This involves the intention to ‘exclude the world at large’ as far
as possible, including the paper owner
- E.g. in the instant case, the squatter’s actions of grazing livestock on the land
and repairing the fences, did not amount to factual possession
- J A Pye (Oxford): the 2nd requirement of possession, intent to possess, isn't about
excluding others (as in Powell), but about using the land for one’s own benefit
- Intent to possess does not require an intent to own or acquire ownership of land
- NB this shifted away slightly from a focus in Powell of intent to possess as based
on using the land in a way that excludes the paper owner, to using the land in a
self-interested way
- Buckinghamshire CC v Moran: outlined the prerequisites for adverse possession
, - The squatter does not have to use the land inconsistently with the
purposes for which the landowner held the property
- However, the squatter’s possession must be ‘adverse’ (on top of the
Powell requirements of factual possession and intent to possess), i.e.
without the paper owner’s consent/license
- Applied to unregistered land under Limitation Act 1980 but may still be applicable
Multiple squatters - unregistered land
These cases are for unregistered land; for registered land see above!
- Mount Carmel Investments: if squatter A is dispossessed by squatter B, squatter A can
recover possession from squatter B, and he has 12 years from the dispossession to do
so
- However, squatter A can sell or give squatter B his interest in the property, in
which case squatter A cannot then disposes squatter B
- Site Developments (Ferndown) v Cuthbury: a number of successive periods of
adverse possession can be added together so as to allow the squatter to acquire
title
- This is because time runs against the true owner from the time when adverse
possession begins; as long as adverse possession ‘continues unbroken’ it
doesn't matter who’s doing it
- NB in application to registered land, under LRA 2002 successive squatters can
only add together time periods of different squatters where permitted by
Schedule 6(11(2))
Disrupting adverse possession
- Markfield Investments v Evans: adverse possession can be brought to an end by:
- The squatter vacating the premises
- The squatter giving a written acknowledgment of the true owner's title
- The true owner granting a tenancy or license to the squatter
- The true owner physically re-entering the land
- NOT a claim for possession being issued/served (since otherwise all the
paper owner would need to do to save his land is issue a claim every 12
years)
- Applied to unregistered land under Limitation Act 1980 but may still be applicable
Registered land
For registered land, after 10 years of adverse possession the squatter can apply to have
his title registered (Schedule 6(1) LRA 2002); he doesn’t acquire title automatically
The Land Registrar is required to notify the registered owner (Schedule 6(2)) and if the
registered owner objects to the registration, under Schedule 6(5) then the squatter cannot
be registered unless:
