LAND LAW - ADVERSE POSSESSION
REVISION EXAM QUESTIONS AND
ANSWERS
Two-stage test to determine
whether a person is an 'adverse possessor' and cases for each stage - Answer-(i)
The paper owner must be dispossessed or have discontinued possession.
--> Buckingham County Council v Moran (1990)
(ii) The adverse possessor must take the land to the exclusion of all others.
--> Seddon v. Smith (1987)
Bucking County Council v. Moran (1990) - Answer-there is NO need to have
intention to own the land, just to possess it.
Seddon v. Smith (1987) mentioned in Moran (1990) - Answer-'enclosure' meaning
'locks, chains and gates' is the 'strongest possible evidence of adverse possession.'
Pye v. Graham (2001) - Answer-The Graham's stayed on Pye's land 12 years after
their license had been revoked. They claimed title as adverse possessors and got it
because there was a degree of physical control with an intention to exclude the world
at large and use the land for their own interest. Human rights arguments later arose
from this case.
Powell v. McFarlane (1977) - Answer-There must be 'clear and affirmative evidence'
of the intention to possess and exclude all others. In this case, grazing a cow, cutting
hay and repairing fences did not succeed.
Lambeth Borough Council v. Archangel (2001) - Answer-Acknowledgement of the
ownership of the paper owner will also defeat a claim of adverse
possession. In this case the claimant referred to the
'possessed land' as 'Lambeth's property', hence he failed the claim.
What does s.144 of the Legal Aid, Sentencing and Punishment of Offender Act 2012
do? - Answer-s.144 of the LASPO 2012 has made it a criminal offence to be an
adverse possessor on residential property.
Talk about the case of Best (2015) - Answer-Mr. Best was able to claim adverse
possession even though he had recently been in breach of criminal law with regard
to living in a residential property as an adverse possessor (s.144 LASPO - 2012)
Wallis Cayton Bay Holiday Camp Ltd v. Shell-Mex and BP Ltd (1974) - Answer-Lord
Denning gave the traditional definition of adverse possession, which is 'the
acquisition of land simply by possessing it without assent or
dissent of the owner'.
What was the law for adverse possession in registered and unregistered land prior to
the LRA 2002? - Answer-Prior to the enactment of the LRA 2002, if a person had
REVISION EXAM QUESTIONS AND
ANSWERS
Two-stage test to determine
whether a person is an 'adverse possessor' and cases for each stage - Answer-(i)
The paper owner must be dispossessed or have discontinued possession.
--> Buckingham County Council v Moran (1990)
(ii) The adverse possessor must take the land to the exclusion of all others.
--> Seddon v. Smith (1987)
Bucking County Council v. Moran (1990) - Answer-there is NO need to have
intention to own the land, just to possess it.
Seddon v. Smith (1987) mentioned in Moran (1990) - Answer-'enclosure' meaning
'locks, chains and gates' is the 'strongest possible evidence of adverse possession.'
Pye v. Graham (2001) - Answer-The Graham's stayed on Pye's land 12 years after
their license had been revoked. They claimed title as adverse possessors and got it
because there was a degree of physical control with an intention to exclude the world
at large and use the land for their own interest. Human rights arguments later arose
from this case.
Powell v. McFarlane (1977) - Answer-There must be 'clear and affirmative evidence'
of the intention to possess and exclude all others. In this case, grazing a cow, cutting
hay and repairing fences did not succeed.
Lambeth Borough Council v. Archangel (2001) - Answer-Acknowledgement of the
ownership of the paper owner will also defeat a claim of adverse
possession. In this case the claimant referred to the
'possessed land' as 'Lambeth's property', hence he failed the claim.
What does s.144 of the Legal Aid, Sentencing and Punishment of Offender Act 2012
do? - Answer-s.144 of the LASPO 2012 has made it a criminal offence to be an
adverse possessor on residential property.
Talk about the case of Best (2015) - Answer-Mr. Best was able to claim adverse
possession even though he had recently been in breach of criminal law with regard
to living in a residential property as an adverse possessor (s.144 LASPO - 2012)
Wallis Cayton Bay Holiday Camp Ltd v. Shell-Mex and BP Ltd (1974) - Answer-Lord
Denning gave the traditional definition of adverse possession, which is 'the
acquisition of land simply by possessing it without assent or
dissent of the owner'.
What was the law for adverse possession in registered and unregistered land prior to
the LRA 2002? - Answer-Prior to the enactment of the LRA 2002, if a person had
