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Workshop 11 Adverse Possession (Weeks Commencing 30 March & 20 April 2020)

This document provides reading materials and discussion questions for a workshop on adverse possession. It includes: 1. Required readings from several textbooks and cases on adverse possession. 2. Short questions on key principles of adverse possession, including the justifications for it, requirements to establish adverse possession, and how it differs between registered and unregistered land. 3. Two sample exam questions on adverse possession, involving issues like whether adverse possession can be claimed after a license agreement expired, and how the requirements differ under the Land Registration Act 2002.

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Hossain Ali Al-Razi
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127 views2 pages

Workshop 11 Adverse Possession (Weeks Commencing 30 March & 20 April 2020)

This document provides reading materials and discussion questions for a workshop on adverse possession. It includes: 1. Required readings from several textbooks and cases on adverse possession. 2. Short questions on key principles of adverse possession, including the justifications for it, requirements to establish adverse possession, and how it differs between registered and unregistered land. 3. Two sample exam questions on adverse possession, involving issues like whether adverse possession can be claimed after a license agreement expired, and how the requirements differ under the Land Registration Act 2002.

Uploaded by

Hossain Ali Al-Razi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Workshop 11

ADVERSE POSSESSION

(Weeks commencing 30th March & 20th April 2020)

Reading

Bogusz & Sexton: Ch. 15

MacKenzie & Nair: Ch. 7

McFarlane, Hopkins & Nield: Ch. 4 (4.84-end of chapter)

Pye v Graham [2002] UKHL 30 [2003] 1 AC 419 (HL)


Pye v UK (2008) 46 EHHR 45 (ECHR)
Powell v McFarlane (1979) 38 P & CR 452 (Ch)
Buckingham County Council v Moran [1990] Ch 623
Zarb v Parry [2011] EWCA Civ 1306
IAM Group Plc v Chowdrey [2012] EWCA Civ 505

Limitation Act 1980 ss 15, 17, 29


LRA 1925 s 75
LRA 2002 s 96, Sch 6, Sch 12 para 18

Short Questions

This section contains a series of short questions on key principles, cases and issues in
this area of law covered in the workshop. Students must prepare answers to these
questions before the workshop and they will be discussed in class.

1. Explain the justifications for the existence of the doctrine of adverse possession.

2. What are the requirements for an individual to be in adverse possession?

3. How does the criminal offence of squatting under s 144 Legal Aid, Sentencing
and Punishment of Offenders Act 2012 affect the ability of an individual to
acquire land by adverse possession?

4. How does the process for acquiring land by adverse possession differ between
unregistered and registered land?

1
Exam Questions

1. Robert owned the registered freehold of Blackacre since 1996. Blackacre backs
onto some derelict land owned by Shire Council, which they were holding until
such time as it was needed for redevelopment. In 2000 Robert enquired with
Shire Council whether he could store wood on the land for his wood burning
stove, and let his horse graze on the land. Shire Council agreed and granted
Robert a licence to use the land for this purpose, Robert paying them £4000 a
year. In 2002 the licence agreement expired and Robert requested a new licence
but was rejected by Shire Council. Nonetheless he continued to use the land to
store wood and graze his horse. In 2010 Robert sold the freehold of Blackacre to
Bleddyn. Having been told by Robert about his use of the derelict land, Bleddyn
decided to make use of the land himself also and so built a kennel block on the
land from which to breed dogs. In 2012 Shire Council became aware of
Bleddyn’s use of the land and sought the protection of the Land Registration Act
2002, so voluntarily registered the derelict land at the Land Registry. In 2020
Bleddyn decided to seek legal advice about his rights over the derelict land which
he has continued to use.

Advise Bleddyn as to whether and how a claim for adverse possession may be
made.

2. ‘It is now harder to claim registered land by adverse possession under the LRA
2002 than it was before.’
Discuss

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