Adverse Possession & Licences and Proprietary Estoppel

Question 1

Time periods to revendicate Adverse Possession

Answer 1

Adverse possessor/ occupier must demonstrate that they have been in possession of the property from the date where right of action accrued :
- 12 years generally (s13 (2)(a) SoL).
- 30 years if it is land owned by a State authority(s13(1)(a) SoL).
- 60 years for State Auth if the land is foreshore (s13(1)(b) SoL).
Statute of Limitations states that the land owner/ State authority can take an action to recover the lands until the expiry of the limitation period.
‘Action to recover lands’= an action claiming a declaration of title (s2(1) SoL).
s24 - after period for bringing action has expired - person’s title is extinguished to land

Question 2

For demonstrating adverse the possession during the relevant period

Answer 2

1. Dispossession: show that landowner has not used property - v slight acts on the part of land owner will negate AP.
   Browne v. Fahy [1975] -> The fact that one of the owners walked on the land a few times - defeated AP
2. Possession of the land: Possession of the land s 18(1) SoL - abandonment by owner is not sufficient - Doyle v O’Neill- [1995] - O’Hanlon J “In order to defeat the title of the original landowner, I am of opinion that the adverse user must be of a definite and positive character and such as could leave no doubt in the mind of a landowner alert to his rights that occupation adverse to his title was taking place. This is particularly the case when the parcel of land involved is for the time being worthless or valueless for the purposes of the original owner”.
3. The squatter’s possession must have been without permission from paper owner
4. Animus Possidendi and absence of defence: Mental intention of using the land- to exclude true owner and others Linked to possession. Murphy v. Murphy (1980)
5. No future use / purpose by the Paper Owner: squatter must frustrate this in order to have AP- but courts seem to be moving away from this.

Question 3

Licence

Answer 3

A licence is a non-proprietary interest in land
Simply, a licence is a permission to enter onto land and makes lawful what would otherwise be trespass

Question 4

Estoppel licence

Answer 4

An estoppel licence is simply a licence granted as a remedy by a court where required under the doctrine of estoppel.
As it is an equitable remedy, it is discretionary
Estoppel arises where a person leads another to believe that the other will give them a benefit, and on the basis of such hope or expectation, that person acts to their detriment in reliance on that.
Two common strands of estoppel:
a. Promissory-contract
b. Proprietary-equity

Question 5

Conditions for proprietary estoppel

Answer 5

1. The person claiming proprietary estoppel must have incurred expenditure or otherwise prejudiced himself or acted to his detriment
2. They must have acted on an expectation or belief either that they already owned a sufficient interest in the property to justify the expenditure or that they would obtain such an interest
3. The person claiming estoppel’s belief must have been encouraged by the defendant
4. No equity will arise if, to enforce the right, the claim would contravene some statute, or prevent the exercise of a statutory discretion or prevent or excuse the performance of a statutory duty

Question 6

Bare Licences

Answer 6

A person is a licensee if he has a right to occupy another person’s land and that right is based solely on the permission of the licensor to do so.
A bare licence is a mere permission, unsupported by any contract or equity or legal right protecting the subject matter of the licence.
They can be expressed as in the case of an invitation to a friend’s room for a drink or implied as in the case of an open shop door inviting persons having business with the owner to enter.
Because no consideration is given, the licensor may simply revoke the licence, giving the licensee a reasonable amount of time to remove himself from the premises.
Bare licences are personal in nature and thus are not transferable.