Adverse Possession

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  • Created by: Beth
  • Created on: 23-05-17 10:20
Ownership = liability to execution as well as right to possess.
A.M Honore - Introduction, how adverse possession deals with conflicts of interest. Bundle of sticks.
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State can control property in accordance with general interest
Article 1, protocol 1 of the ECHR. Introduction - example of conflict of interest
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10 years to the point of application, with two year contesting period
Schedule 6 of the Land Registration Act 2002. What is adverse possession?
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Case on adverse possession?
Powell v Macfarlane (1979) Animus Possendi and factual possession must be clear to the world
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Transaction costs?
Reduced. Argued that after certain amount of time the title becomes reliable because adverse possessor has gained it - A proposal for a new rule of adverse possession by Jeong-Yoo Kim
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Saleable land
transaction costs- what the 1925 law of property act was helping to improve
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Decayed Evidence
Prevents use of decayed evidence - Jeong-Yoo Kim 'A proposal for a new rule of adverse possession (2003)
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Individual notified
Individul notified of claim under schedule 6, Land Registration Act 2002. Adverse Possession favours diligent
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Easily defeated claim
Pye v Graham [2002] - they only had to issue a licence. But, no licence given.
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Limitation period
Clear boundaries - Pye v Graham [2002]. Must be a limit. - Grand Chamber in Pye v UK (2007)
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Valuable land
Pye v Graham [2002] valuable land not protected. Subordinate interest?
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Search and verification costs
Already made simpler through advances in technology- 'Adverse Possession - Title Systems' Boudewijn Bouckaert (1999)
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Squatter can easily find out who holds the legal title and apply for a licence through online system
Sandra Clarke and Sarah Greeer 'Adverse Possession' (2012)
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Title by registration
Diminishes verification or transaction costs. Rectification does still occur though, under Schedule 4, Land Registration Act 2002
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Title by registration - legal estate vested in person in whom it would not otherwise deemed to be vested
S.58(1) Land Registration Act 2002
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Registration guarantees title.
Sandra Clarke and Sarah Greer 'Adverse Possession' (2012)
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Conclusion
Schedule 6 requirement for application, the title by registration and improved tech diminishes usefulness of adverse possession
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Conclusion: assumption
Relies on the idea that utilised property is more valuable that property which is left alone. That may not be the case. - Boudewijn Bouckaert 'Adverse Possession - Title Systems' (1999))
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Conclusion: individuals
Protects the individual as far as they care about their land. According to Harrow London Borough Council v Gazi (2003) they just need to show a better title than the occupier.
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Conclusion: society
Attempts to protect society more directly, it's easier for individuals to protect themselves with the mechanism that adverse possession gives.
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Other cards in this set

Card 2

Front

Article 1, protocol 1 of the ECHR. Introduction - example of conflict of interest

Back

State can control property in accordance with general interest

Card 3

Front

Schedule 6 of the Land Registration Act 2002. What is adverse possession?

Back

Preview of the back of card 3

Card 4

Front

Powell v Macfarlane (1979) Animus Possendi and factual possession must be clear to the world

Back

Preview of the back of card 4

Card 5

Front

Reduced. Argued that after certain amount of time the title becomes reliable because adverse possessor has gained it - A proposal for a new rule of adverse possession by Jeong-Yoo Kim

Back

Preview of the back of card 5
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