Ap

Question 1

Adverse possession…

Answer 1

Transmits the factual state of possession into the legal state of ownership, to the detriment of some third party with a competing title

Question 2

Adverse possession policy justifications

Answer 2

1. Clarifying boundaries
2. Corrrcting errors
3. Preventing derelict
4. Facilitation of investigation of title

Question 3

“The possessor must have been dealing with the land in question as an occupying owner might have been expected to deal with it and that no one else has done so”

Answer 3

Slade j, Powell v McFarlane accepted in HOL our

Question 4

Possession must be adverse

Answer 4

Colchester borough council

Question 5

Factual possession— using the land as owner might be expected

Answer 5

Powell v McFarlane

Question 6

Farmed land, raised cattle, paper owner had no key

Answer 6

Pye, sufficient factual possession

Question 7

Playing children and tethering ponies

Answer 7

Tecbild, not factual

Question 8

S.144 does not bar from lra 2002

Answer 8

Best v chief land registrar

Question 9

Article 1 protocol 1

Answer 9

No one shall be deprived of the peaceful enjoyment of his possessions except in the public interest…

Question 10

Adverse possession justified control of use of land

Answer 10

Pye

Question 11

Adverse possession complaint with hr, followed pye

Answer 11

Ofulue v Bossert

Question 12

Gardner elements of adverse possession

Answer 12

1. Animus possidendi
2. Our intention into effect
3. Retain possession in adverse manner

Question 13

Pye 2005 echr held…

Answer 13

4-3 majority, lra 2002 violates

Question 14

Pye 2006 it was held…

Answer 14

10/7, no violation, legitimate aim, fair balance