Adverse Possession

Question 1

What is adverse possession?

Answer 1

a legal mechanism through which a person can acquire ownership of land by occupying it for a specified period under certain conditions
- often referred to as “squatters’ rights”

Question 2

What are the 4 key elements of adverse possession?

Answer 2

1. Intention to Possess
2. Physical Possession
3. Duration
4. Adverse Nature (without the owner’s permission)

Question 3

What does ‘Intention to Possess’ mean in adverse possession?

Answer 3

The adverse possessor must demonstrate an intention to possess the land to the exclusion of all others, including the paper title owner, even if they do not own the land

Question 4

What constitutes ‘Physical Possession’ in adverse possession?

Answer 4

Physical possession is demonstrated through actions like fencing, cultivating, or using the land, which excludes others, including the paper title owner

Question 5

What is the required duration for adverse possession (for registered and unregistered land)?

Answer 5

• Unregistered Land: 12 years (Limitation Act 1980)
• Registered Land (Post-LRA 2002): 10 years, followed by an application under Schedule 6 of the Land Registration Act 2002

Question 6

What is meant by ‘Adverse Nature’ in adverse possession?

Answer 6

Occupation must be without the paper title owner’s permission. If the possessor believes they have permission, their possession is no longer “adverse”

Question 7

What are the 3 statutory frameworks for adverse possession?

Answer 7

1. Unregistered Land: Governed by the Limitation Act 1980 (12 years)
2. Registered Land (Pre-LRA 2002): Same as unregistered land, with adverse possessors becoming equitable owners
3. Post-LRA 2002: Adverse possessors must apply to the Land Registry after 10 years, and the paper title owner is notified

Question 8

What are the 3 key cases for adverse possession?

Answer 8

• Powell v. McFarlane (1979)
• Pye v. Graham (2003)
• Buckinghamshire County Council v. Moran (1990

Question 9

What are the 3 social policy considerations in adverse possession?

Answer 9

1) Encouraging Active Land Use: Prevents landowners from “sleeping on their rights” and incentivises efficient land use

2) Balancing Rights: Balances property rights with societal benefits, especially in housing crises

3) Social Relevance: Can help redistribute underutilised land in situations of homelessness