Smith v Lawson
Give this one a try later!
Claimant given a license, so no claim in AP
Eg. if A, the adverse possessor adversely possessed B's land for 12 years,
but has left possession before B commences an action to recover the land,
the B's title will be barred and A will be unable to recover the and from
whomever is now in possession
B's title to the unregistered land has been extinguished
If A has left the land and nobody is in possession, B will have to retake
possession, but have to wait a further 12 years before being confident of
defeating a returning adverse possessor
Note: issue is complicated if paper owner applies for first registration of the
title after the adverse possessor has completed 12 years in AP - in this case,
at first registration of title, the registered proprietor (Against who the AP
has run for the imitation period) is bound only by AP by which he has
notice, or by the rights of an AP BUT ONLY IF the AP is in actual occupation
, - S11 of LRA 2002
-> absent notice, an adverse possessor going out of possession, after
completing the relevant period of AP against an unregistered title will have
no rights against the first registered proprietor
Limitation Period of Unregistered Land
Give this one a try later!
Few General Rules:
1. 12 years from the moment of adverse possession of unregistered title by
the adverse possessor (s15 of the Limitation Act 1980) - Governed by LRA
2002
2. Where the paper owner of the land is the "sole" charitable corporation
such as a bishop, the period of limitation is 30 years from the moment of
adverse possession (Schedule 1, Paragraph 11 of the Limitation Act 1980)
3. Where the paper owner of the and is the crown, the period of limitation
is 30 years from the moment of adverse possession (Schedule , Paragraph
11 of the Limitation Act 1980)
4. If the land is owned by someone for life, with remainder in fee simple to
another person, then the limitation period is either adverse possession of 6
years form the date at which the interest in the remainder falls into
possession (death of life tenant), if 12 years or more already have been
completed against the life tenant was disposed, whichever is the longer
(S15 of the Limitation Act 1980)
Example: if land is held by A for life, remainder to b, AP for 12 years or more
would extinguish A's interest and a further 6 years would be necessary on
the death of A to also extinguish B's interest
5. If current paper owner is a tenant of the land under a lease, the period of
limitation against the tenant is 12 years.
Expiry of the period will therefore, extinguish the tenant's title against the
adverse possessor
, However, extinguishment of tenant's title has no immediate effect on the
title of the reversioner (freehold landlord) because until the end of the
lease, the landlord has no right to possess the land at all
Hence, time does not begin to run against the landlord until the original
term of the lease expires (or is brought to an end)
When the original term of the lease expires, and assuming 12 years of AP
against the tenant, the landlord will have a further 12 years to recover the
land - S15 Schedule 1, Para 4 of Limitation Act 1980
*if lease gives tenant an option to renew the lease when it expires, the AP
who has evicted the tenant may also rely on the right to renew to defeat
landlord's claim to possession.
*It is crucial to know when lease has ended - usually expiry of stated term
and for a periodic tenancy, the last period which rent was paid
Whatever the period of limitation, it starts to run against relevant paper
owner of unregistered title from the first moment of AP
Adverse Possession
Give this one a try later!
The opportunity to acquire a better title to land than the person who
"legally" owns it and to whom it was once formally conveyed with all of the
solemnity of a deed or registered disposition - Hounslow v Michinton
Exceptions
Give this one a try later!
Give this one a try later!
Claimant given a license, so no claim in AP
Eg. if A, the adverse possessor adversely possessed B's land for 12 years,
but has left possession before B commences an action to recover the land,
the B's title will be barred and A will be unable to recover the and from
whomever is now in possession
B's title to the unregistered land has been extinguished
If A has left the land and nobody is in possession, B will have to retake
possession, but have to wait a further 12 years before being confident of
defeating a returning adverse possessor
Note: issue is complicated if paper owner applies for first registration of the
title after the adverse possessor has completed 12 years in AP - in this case,
at first registration of title, the registered proprietor (Against who the AP
has run for the imitation period) is bound only by AP by which he has
notice, or by the rights of an AP BUT ONLY IF the AP is in actual occupation
, - S11 of LRA 2002
-> absent notice, an adverse possessor going out of possession, after
completing the relevant period of AP against an unregistered title will have
no rights against the first registered proprietor
Limitation Period of Unregistered Land
Give this one a try later!
Few General Rules:
1. 12 years from the moment of adverse possession of unregistered title by
the adverse possessor (s15 of the Limitation Act 1980) - Governed by LRA
2002
2. Where the paper owner of the land is the "sole" charitable corporation
such as a bishop, the period of limitation is 30 years from the moment of
adverse possession (Schedule 1, Paragraph 11 of the Limitation Act 1980)
3. Where the paper owner of the and is the crown, the period of limitation
is 30 years from the moment of adverse possession (Schedule , Paragraph
11 of the Limitation Act 1980)
4. If the land is owned by someone for life, with remainder in fee simple to
another person, then the limitation period is either adverse possession of 6
years form the date at which the interest in the remainder falls into
possession (death of life tenant), if 12 years or more already have been
completed against the life tenant was disposed, whichever is the longer
(S15 of the Limitation Act 1980)
Example: if land is held by A for life, remainder to b, AP for 12 years or more
would extinguish A's interest and a further 6 years would be necessary on
the death of A to also extinguish B's interest
5. If current paper owner is a tenant of the land under a lease, the period of
limitation against the tenant is 12 years.
Expiry of the period will therefore, extinguish the tenant's title against the
adverse possessor
, However, extinguishment of tenant's title has no immediate effect on the
title of the reversioner (freehold landlord) because until the end of the
lease, the landlord has no right to possess the land at all
Hence, time does not begin to run against the landlord until the original
term of the lease expires (or is brought to an end)
When the original term of the lease expires, and assuming 12 years of AP
against the tenant, the landlord will have a further 12 years to recover the
land - S15 Schedule 1, Para 4 of Limitation Act 1980
*if lease gives tenant an option to renew the lease when it expires, the AP
who has evicted the tenant may also rely on the right to renew to defeat
landlord's claim to possession.
*It is crucial to know when lease has ended - usually expiry of stated term
and for a periodic tenancy, the last period which rent was paid
Whatever the period of limitation, it starts to run against relevant paper
owner of unregistered title from the first moment of AP
Adverse Possession
Give this one a try later!
The opportunity to acquire a better title to land than the person who
"legally" owns it and to whom it was once formally conveyed with all of the
solemnity of a deed or registered disposition - Hounslow v Michinton
Exceptions
Give this one a try later!
