#17303 - Adverse Possession - GDL Land Law

Entirely compatible with Human Rights (Pye v UK) on both sides of the equation (i.e. on the loss of land and gain of land)

Built upon principle of relativity of title.

• None of us own land, the crown owns the land. We have only title to land: The person with the best title is entitled to immediate possession.

Reasons for adverse possession:

• 1) Originally used to settle ownership disputes – didn’t always have title documents, the person in possession of the land would settle ownership disputes.

• 2) It quietens disputes – it brings them eventually to a close.

• 3) It helps legitimise reality. It brings legitimacy to the person who is using the land.

• 4) Encourages the economic use of a scarce resource

  • Sometimes this is clearly true (Lambeth Council has hundreds of dilapidated properties that are not used which people regularly move in to)

  • Sometimes this is clearly not true Pye v Graham it is closer to Land Theft

Claimant must prove two things:

• 1) Factual possession – in controlling/managing the land exclusively for themselves (fences, locks, etc)

  • Minimal acts of possession required in rural windswept area: Red House Farms v Catchpole

  • Thorpe v Frank (2019) – Meaning of “factual possession” is context driven. Look for acts that an owner might do. In this case, laying paving slabs was enough.

• 2) An intention to possess for one’s own benefit (Slade J inPowellv.McFarlane(1979)). NB not an intention to own.

  • If squatter acknowledges registered owner then there cannot be AP: Lambeth v Blackburn

  • Clowes Developmentsv.Walters(2005), in which the claimant’s belief – even if mistaken – that the land was held under a licence meant that they simply could not have the relevant intention to possess.

  • Pye v Graham : ‘necessary intent is an intent to possess not to own and an intention to exclude the paper owner only so far as is reasonably possible’

  • Evidence:

    • enclosing land by a fence may both constitute the act of possession and demonstrate the intention to possess (Moran), as might changing locks to a flat (Blackburn) or grazing animals within an enclosed field (Pye),

If the land is unregistered: the Limitation Act 1980 s. 15 says that after 12-years the paper owner may no longer bring an action for possession against the adverse possessor.

Registered Land

• 2002 LRA designed to prevent adverse possession (enhances miorror and ensures workability of e-convayance)

• No period of possession itself establishes AP. Land owner can apply to remove AP at anuy time.

• After 10 years AP may apply for the title

• The registered owner is then informed and has a further two years to...