Category: adverse possession

Some issues in the law of adverse possession: The problem of multiple squatters – Falcon Chambers

Posted November 15th, 2024 in adverse possession, chambers articles, news, squatting by sally

‘Exclusive possession, we are told, is single and indivisible. The mere fact of possession (as opposed to a vested right to possess in the form of a fee simple or a lease) generates a title in English law generates a form of title which can be vindicated in the English courts against anyone with a relatively weaker title: Asher v Whitlock (1865) L.R. 1 Q.B. 1, which has in recent times (somewhat controversially) been extended to licensees whose interests amount to something less than an estate in land but whose cumulative rights look like possession: Manchester Airport v Dutton [2000] 1 Q.B. 133.’

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Falcon Chambers, 31st October 2024

Source: www.falcon-chambers.com

Adverse possession – the time to believe? – Law Society’s Gazette

Posted October 4th, 2024 in adverse possession, appeals, land registration, news, statutory interpretation, time limits by sally

‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’

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Law Society's Gazette, 2nd October 2024

Source: www.lawgazette.co.uk

The curious case of Brown v Ridley and Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 – Tanfield Chambers

Posted June 27th, 2024 in adverse possession, chambers articles, land registration, news by sally

‘Daniel Dovar considers the decision in Brown v Ridley [2024] UKUT 14 (LC) and the crucial nature of the timing of an application for adverse possession under paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002.’

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Tanfield Chambers, 30th May 2023

Source: www.tanfieldchambers.co.uk

Which 10-year period of reasonable belief? – St Philips Barristers

Posted May 22nd, 2024 in adverse possession, chambers articles, news by sally

‘In Brown v Ridley [2024] UKUT 14 (LC) the Upper Tribunal (Lands Chamber) considered whether the 10-year period of reasonable belief required for adverse possession applications must end on the date of the application (or, alternatively, whether it may be any 10 years within the period of adverse possession ending on the date of the application).’

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St Philips Barristers, 16th April 2024

Source: st-philips.com

Housing case law update: June 2023 – Local Government Lawyer

Posted July 7th, 2023 in adverse possession, appeals, housing, land registration, landlord & tenant, leases, local government, news by tracey

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal dismisses bid to claim adverse possession over land owned by city council – Local Government Lawyer

Posted July 30th, 2020 in adverse possession, land registration, local government, news by sally

‘Two applicants have been told they cannot claim adverse possession of council-owned land which is not adjacent to their own.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Adverse Possession by Diverting Rent: The Most Unfair Nonsense – Falcon Chambers

Posted April 24th, 2020 in adverse possession, chambers articles, land registration, news, rent by sally

‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

Posted March 20th, 2020 in adverse possession, chambers articles, Church of England, land registration, news, tribunals by sally

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

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Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Private burial vaults and adverse possession: Holy Trinity, Dalton – Law and Religion UK

Posted June 18th, 2019 in adverse possession, burials and cremation, Christianity, news, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) has upheld the title of the descendants of the original grantor to a family burial vault in a closed church.’

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Law and Religion UK, 17th June 2019

Source: www.lawandreligionuk.com

Farakh Rashid v Teyub Nasrullah: adverse possession of registered land – New Square Chambers

Posted December 12th, 2018 in adverse possession, land registration, news by sally

‘The Court of Appeal decision in Rashid v Nasrullah is an important one in relation to adverse
possession of registered land in two respects. The Court held, declining to follow its previous
decision in Parshall v Bryans [2013] EWCA Civ 240, that a registered proprietor can be in
adverse possession of registered land. It also held that, where registered land is transferred by
a forged transfer to a fraudster who is registered as proprietor, the effect of s.69 of the Land
Registration Act 1925 was that, although the fraudster acquired the legal estate he held it on
trust for the real owner.’

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New Square Chambers, 6th December 2018

Source: www.newsquarechambers.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 22nd, 2017 in adverse possession, land registration, legislation, limitations, news, statutory interpretation, time limits, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Autumn Newsletter – Falcon Chambers

Posted November 22nd, 2017 in adverse possession, barristers, boundaries, contracts, duty of care, easements, estoppel, freedom of expression, housing, injunctions, insolvency, land registration, landlord & tenant, leases, legal services, misrepresentation, negligence, news, planning, restraint orders, restrictive covenants, rights of way, statutory interpretation, third parties, tribunals by sally

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Elderly couple who cut wealthy neighbour’s grass verge for 12 years given land in ‘squatters’ rights’ ruling as opponent faces £250,000 legal bill – Daily Telegraph

Posted May 26th, 2016 in adverse possession, appeals, costs, elderly, land registration, news by tracey

‘A couple who cut a grass verge outside their wealthy neighbour’s home for 12 years have been given the land by a judge in a “squatters’ rights” ruling following a lengthy court battle.’

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Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

Adverse possession and control – Falcon Chambers

Posted April 14th, 2016 in adverse possession, land registration, news by sally

‘We like being in control. As lawyers, we want to be in control. What is more, sometimes the law requires our clients to be in control. And the law determines if a person is truly in control. In the legal context instances where control may be an issue include the control of companies and the control of vehicles. In the field of property, the concept of control rears its head in connection with adverse possession.’

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Falcon Chambers, March 2016

Source: www.falcon-chambers.com

Illegal occupation is no bar to adverse possession – NearlyLegal

Posted February 20th, 2015 in Administrative Court, adverse possession, appeals, news by sally

‘The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin Court judgment is here, and, to be honest, I’m not sure that the Court of Appeal adds much to that judgment. Much the same arguments were rehearsed and much the same conclusion is reached.’

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NearlyLegal, 19th February 2015

Source: www.nearlylegal.co.uk

Regina (Best) v Chief Land Registrar – WLR Daily

Posted May 22nd, 2014 in adverse possession, crime, land registration, law reports, squatting by sally

Regina (Best) v Chief Land Registrar [2014] EWHC 1370 (Admin); [2014] WLR (D) 211

‘The criminalisation of people who were trespassers through living in a relevant residential building by pursuant to section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had not prevented time running for applications for registration of title by adverse possession.’

WLR Daily, 7th May 2014

Source: www.iclr.co.uk

Adverse possession through criminal trespass – NearlyLegal

Posted May 9th, 2014 in adverse possession, news, trespass by sally

‘Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how s.144 would interact with statute and case law on adverse possession.’

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NearlyLegal, 8th May 2014

Source: www.nearlylegal.co.uk

Swan Housing Association Ltd v Gill – WLR Daily

Posted November 16th, 2012 in adjournment, adverse possession, injunctions, land registration, landlord & tenant, law reports by tracey

Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB);   [2012] WLR (D)  325

“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

 

Yeates and another v Line and another – WLR Daily

Posted November 14th, 2012 in adverse possession, compromise, contracts, interpretation, land registration, law reports by sally

Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319

“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”

WLR Daily, 12th November 2012

Source: www.iclr.co.uk

Zarb and another v Parry and another – WLR Daily

Posted November 18th, 2011 in adverse possession, land registration, law reports by tracey

Zarb and another v Parry and another: [2011] EWCA Civ 1306;  [2011] WLR (D)  331

“To defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner was required to show possession to the exclusion of the person claiming adverse possession.”

WLR Daily, 15th November 2011

Source: www.iclr.co.uk