Limitations on ownership (including adverse possession of land)

Question 1

J A Pye (Oxford) Ltd v Graham [2002] UKHL 30

Answer 1

Adverse possession is a legal principle that allows a person to acquire ownership of land by occupying it and treating it as their own for a specified period, typically 12 years. If the requirements for adverse possession are met, the adverse possessor can apply to be registered as the new legal owner of the land.
The House of Lords held that the Grahams had acquired the land through adverse possession because Pye had failed to assert control or possession over it, emphasising that the Grahams’ continuous and exclusive occupation of the land for an extended period demonstrated their intention to possess it
It is important to note that this case was decided shortly before the Land Registration Act 2002 came into force.
This legislation introduced stricter requirements for adverse possession of registered land. Under the new law, adverse possessors had to register their claim with the Land Registry, which would notify the original owner and provide an opportunity for them to object. This change aimed to make it more challenging for individuals to acquire ownership through adverse possession, particularly for registered land

Question 2

Best v Chief Land Registrar [2015]

Answer 2

Therefore, a squatter who occupies a residential building long enough to fulfil the criteria for adverse possession can still rely on that occupation, even if it involved a criminal offence under Section 144 of LASPO 2012.
This decision clarified that Section 144 of LASPO 2012 does not alter the established law on adverse possession.