These are notes on adverse possession created in 2019. They follow a structured format which condenses the relevant case law, statutory provisions and academic opinion that are relevant to the topic to aid with exam revision.
Adverse possession Is the claimant in factual possession of the
land?
Did the claimant have the required intention
The meaning of adverse possession: to possess the land?
Adverse possession is a doctrine allowing a squatter to
claim rights in land if certain rules are satisfied and if the Factual possession:
paper title owner fails to evict a squatter or trespasser
from his land within a certain period Powell v Macfarlane- This involves physical possession
The right of action starts to run when two elements are of the land, which excludes all others including the
present: paper title owner
Paper title owner has given up possession of the land Colchester BC v Smith/BP Properties v Buckler/Allen v
A squatter takes possession of the land Matthews- Possession must be adverse to the paper
Mount Carmel Investments v Peter Thurlow- title owner so it cannot be employed by virtue of some
Consecutive periods of adverse possession by different legal right such as a lease, licence or consent from the
people may be added together provided there is no paper title owner
break between these periods Wallis’s Cayton Bay Holiday Camp Ltd v Shemm Mex &
A squatter must prove: BP Ltd- If the court implies a licence, the possession will
That he has taken factual possession of the land not be adverse. This decision received much criticism
That he has the necessary intention and was reversed by S 15(6) and Schedule 1 Para 8(4)
Limitation Act 1980.
Terminology: Dyer v Terry- What constitutes factual possession is
Adverse/possessor/squatter- The person seeking to determined by the nature and character of the land
obtain adverse possession Hounslow v Minchinton- It does not matter if the acts of
Paper owner- The person who would holt title to the possession serve a dual purpose as long as they give
land were int not for issues of adverse possession custody and control to the claimant for their own
benefit
The basis for adverse possession:
The fundamental basis for such informal Adverse possession need not be hostile to the paper
acquisition of title is ‘long user’. Essentially, it title owner:
rewards someone for ‘stealing’ the land of The factual possession of the land must be exercised
another. openly and must not be concealed to ensure that the
For this reason, there must be a strong paper title owner is given an opportunity to challenge
justification for adverse possession. Law the possession
Commission identified four justifications for Bucks CC v Moran- Squatters must prove that they have
the acquisition of title by adverse possession physical control over the property
Adverse possession is an aspect of the law on Seddon v Smith/Bucks CC v Moran- Enclosure is the
limitations of actions – to protect defendants strongest possible evidence of adverse possession.
from very old claims Fencing is always good evidence of possession
1. Socio-economic argument – to facilitate the J.A. Pye (Oxford) Ltd v Graham/Buckingham CC v
marketability and productive use of land, e.g., where the Moran- hedges or other enclosures which exclude the
paper owner has disappeared, and the squatter has true owner are important evidence of physical control
been in possession of the land for a long time. and possession of the land
2. To prevent hardship, eg, to a squatter who has spent Tecbild Ltd v Chamberlain- Factual possession cannot be
money on land that he/she mistakenly believes is their based on trivial acts of possession
own. What constitutes evidence of factual possession?
3. The ‘relativity of title’: the strongest justification, Burns v Anthony- Parking of cars
according to the Law Commission, and has been the Treloar v Nute- Grazing of animals
foundation of land law since feudal times. Powell v Macfarlane- The erection of signs excluding
Because one can only own an estate in land, trespassers
title is relative, never absolute, so the person Red House Farms v Catchpole- Shooting over a large
with the best title to the land will be the area of land where this was the only conceivable use to
person with the best right to possession. In be made of the land
theory, a person’s title to land is only as good Roberts v Swangroove Estates- Fishing and dredging the
as the absence of a person with a better title. river bed
This made sense in the context of unregistered
land, with its difficulties in proving title to land The intention to possess:
(e.g., deeds lost, no good root of title shown), The squatter must show that he intended to treat the
and AP developed in this context. land as his own
Bucks CC v Moran- The critical factor in adverse
Establishing a claim to adverse possession possession is not an intention to own but an intention to
JA Pye (Oxford) Ltd v Graham- Framework for possess
establishing AP was confirmed
Two essential elements-
, Buckingham CC v Moran/Pye v Graham- Where factual The effect of adverse possession:
possession is established, intention to possess may be
assumed In unregistered land – governed by Limitation Act 1980
Generally intent is inferred from acts and is not based In registered land – governed by Land Registration Act
on declarations from the squatter himself 2002
Pye v Graham- Evidence from a squatter that he would In registered land before 13 October 2003 – governed
have accepted a licence or lease from the owner is not by Limitation Act 1980 and transitional provisions of LRA
fatal to a claim for adverse possession if no lawful right 2002
was granted Adverse possession of unregistered land:
Lambeth LBC v Blackburn- The fact that the squatter
expects to be evicted at any time does not prevent him s.15 Limitation Act 1980- The squatter must prove they
from having the intention to possess have completed the limitation period of 12 years
S 17 Limitation Act 1980: once minimum of 12 years’
The nature of the rights in adverse possession: AP has past, the paper owner’s title is extinguished.
Once the squatter acquires rights in the property, they Because there is no transfer of title, the adverse
are good against the world except to anyone able to possessor has no proof of title. If the adverse possessor
assert a better title sells the land, it will be conveyed by deed, which will be
Rights of a squatter can be assigned during one’s the first evidence of the adverse possessor’s title
lifetime or passed under a will but there must be no (although it will not establish good root of title) and the
evidence of a break in possession purchaser can use it to apply for first registration of title.
The 12-year period of AP can be accrued by more than
Recovery of possession by the paper title owner: one adverse possessor.
There must be 12 years of continuous possession. If
An action for recovery by the paper title owner must be interrupted, the AP clock restarts when the interruption
brought before his right of recovery becomes statute- ceases and the adverse possessor remained in
barred in unregistered land possession.
Mount Carmel Investments Ltd v Peter Thurlow- An Hounslow v Michinton- The claimant does not have to
action for possession requires the paper title owner to be in possession at the time the claim to title of the land
take legal proceedings and it is not enough to assert is made as long as he/she has been in possession for 12
one’s rights years
Land Registration Act 2002- a paper title owner need S 11 LRA 2002: If, after 12 years of adverse possession,
only object to a request to register in order to prevent the paper owner sells the land to a third party which
registration but action to recover the land is necessary if triggers first registration of title, the third-party
the squatter fails to give up the land purchaser will be registered as the new owner and will
Terminating or interrupting a period of adverse possession: be bound by the AP only if:
They have notice of the AP, or
Adverse possessor ceases possession LRA 2002 Sch 1 Para 2- The adverse possessor is in
actual occupation of the land
This will bring any AP to an end. If the squatter re- Pre-existing property rights: the adverse possessor will
enters into possession of the land, the clock will re- take the land subject to all pre-existing property
start from that time. interests (eg, an easement) whether or not they are
True owner issues possession proceedings registered as land charges under the LCA 1972 because
A successful action for possession by the true an adverse possessor is not a purchaser of the land for
owner terminates the period of AP. value and can therefore never be equity’s darling.
Acknowledgement of title or payment by the Adverse possessor’s rights pending completion of the
adverse possessor limitation period: the adverse possessor has certain
S29 Limitation Act 1980: if the adverse possessor rights in the land, although these could be defeated if
acknowledges the title of the true owner, any the paper owner recovers possession before the 12
period of AP is interrupted. What is years’ adverse possession passes.
acknowledgment of title? Turner v Chief Land Registrar - An adverse possessor
S30 Limitation Act 1980: acknowledgment must be had ‘a legal estate’ in the land. This means the adverse
in writing and signed by the adverse possessor but possessor could transfer their period of possession to
‘without prejudice’ correspondence does not another person (or be dispossessed by another adverse
constitute acknowledgment of title. possessor) who could add it to theirs.
Where the land is subject to a mortgage, any The squatter must prove intention to possess and also
payment towards the mortgage by the adverse factual possession
possessor will be an acknowledgment of title and The squatter is regarded as having rights in the land
interrupts any period of AP prior to the payment. whilst they are in possession but subject to being
True owner dispossesses the adverse possessor: defeated by the owner of the land reclaiming rights over
the land
Zarb v Parry - Held: period of AP had not been Once the time has run, the owner’s rights are statute-
interrupted. The party did not retake possession ‘in any barred and extinguished
meaningful way’. Their actions were ‘symbolic acts’ and
insufficient to take possession of the land.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller BigH. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.07. You're not tied to anything after your purchase.
