Land Law
Adverse Possession
ans: The opportunity to acquire a better title to land than the person who "legally" owns it and to
whom it was once formally conveyed with all of the solemnity of a deed or registered disposition
- Hounslow v Michinton
Land Registration Act 2002
ans: Establishes a new regime for AP for registered land - registered land compromises of 85%
of all titles
J A Pye v Graham
ans: Laid out the rules that establish when a claim of AP might succeed factually and apply
equally registered and unregistered title
If alleged adverse possessor once occupied the land with the permission of the paper owner, any
continued possession after that permission has ended (lease or license has ended but the claimant
stays in possession) may be sufficient to support a claim of AP if the intention to possess is
shown
How is AP Established?/ When will possession of a trespasser be sufficient to establish a claim?
ans: Rules and principles can be see in the J A Pye case
Along with the decision of Buckinghamshire CC v Moran, it shows that AP can be established
by demonstrating the required degree of exclusive physical possession of the and, coupled with
an intention to possess the land to exclusion of all others, including the paper owner with the
intention to possess
It is important that person intends to possess the land and put it to his own use, whether or not he
also knows that some other persons had a claim or right to the land
Claimant is not required to prove that he believed that the land was his, or wanted to acquire it,
but that he meant to exclude all others if he could - CRUCIAL
Focus of intention is on the claimant, not the land owner - landowner's state of mind is irrelevant
Clowes Development v Walters
ans: Claimant's mistaken belief was that land was held under a license
This means that they simply could not have the relevant intention to possess- you cannot intend
to treat the land as within your ultimate control if you believe that you are permitted to be there
by the owner
, Buckinghamshire CC v Moran
ans: Establishes that the actions of the AP is seeking to assert physical possession of the land
also may give to a strong indication as to whether the necessary intention exists
Physical possession and intention are part and parcel of the same inquiry: that is, has the
claimant established AP?
Enclosing land by a fence may constitute both act of possession and demonstrate the intention to
possess AP?
Changing locks - Blackburn
Grazing animals within enclosed field - Graham
Burden of proving the intention may be lighter in case in which the true owner has, to the
knowledge of the AP, abandoned the land - Michinton
Hence, unequivocal conduct in relation to acts of possession on the land is the best evidence of
an intention to possess
Physical Possession of the Land
ans: As well as demonstrating the intention to possess the land, the AP must also demonstrate a
physical assumption for possession
One must assess if the squatter has disposed the paper owner by going into ordinary possession
of the land for the requisite period without the consent of the owner
Factual Possession
ans: Powell v MacFarlane - sufficient degree of physical custody and control for one's own use
Slade J: Taking possession might reside in a series of events, or some one off activity that is
maintained thereafter.
It is not necessary for the paper owner to be aware that they have lost possession, or for the paper
owner to be inconvenienced by the acts of possession
Small acts of custody and control might suffice if the land has not been abandoned, is
inaccessible by the paper owner or is of such quality that it does not readily admit of the
sufficient possessory acts
Purbick v Hackney
ans: Successful adverse possessor cleared a derelict shed, erected a new roof and fitted a
makeshift door and a fixed chain. He could have done more to secure possession, but he had
done enough in all circumstances.
Adverse Possession
ans: The opportunity to acquire a better title to land than the person who "legally" owns it and to
whom it was once formally conveyed with all of the solemnity of a deed or registered disposition
- Hounslow v Michinton
Land Registration Act 2002
ans: Establishes a new regime for AP for registered land - registered land compromises of 85%
of all titles
J A Pye v Graham
ans: Laid out the rules that establish when a claim of AP might succeed factually and apply
equally registered and unregistered title
If alleged adverse possessor once occupied the land with the permission of the paper owner, any
continued possession after that permission has ended (lease or license has ended but the claimant
stays in possession) may be sufficient to support a claim of AP if the intention to possess is
shown
How is AP Established?/ When will possession of a trespasser be sufficient to establish a claim?
ans: Rules and principles can be see in the J A Pye case
Along with the decision of Buckinghamshire CC v Moran, it shows that AP can be established
by demonstrating the required degree of exclusive physical possession of the and, coupled with
an intention to possess the land to exclusion of all others, including the paper owner with the
intention to possess
It is important that person intends to possess the land and put it to his own use, whether or not he
also knows that some other persons had a claim or right to the land
Claimant is not required to prove that he believed that the land was his, or wanted to acquire it,
but that he meant to exclude all others if he could - CRUCIAL
Focus of intention is on the claimant, not the land owner - landowner's state of mind is irrelevant
Clowes Development v Walters
ans: Claimant's mistaken belief was that land was held under a license
This means that they simply could not have the relevant intention to possess- you cannot intend
to treat the land as within your ultimate control if you believe that you are permitted to be there
by the owner
, Buckinghamshire CC v Moran
ans: Establishes that the actions of the AP is seeking to assert physical possession of the land
also may give to a strong indication as to whether the necessary intention exists
Physical possession and intention are part and parcel of the same inquiry: that is, has the
claimant established AP?
Enclosing land by a fence may constitute both act of possession and demonstrate the intention to
possess AP?
Changing locks - Blackburn
Grazing animals within enclosed field - Graham
Burden of proving the intention may be lighter in case in which the true owner has, to the
knowledge of the AP, abandoned the land - Michinton
Hence, unequivocal conduct in relation to acts of possession on the land is the best evidence of
an intention to possess
Physical Possession of the Land
ans: As well as demonstrating the intention to possess the land, the AP must also demonstrate a
physical assumption for possession
One must assess if the squatter has disposed the paper owner by going into ordinary possession
of the land for the requisite period without the consent of the owner
Factual Possession
ans: Powell v MacFarlane - sufficient degree of physical custody and control for one's own use
Slade J: Taking possession might reside in a series of events, or some one off activity that is
maintained thereafter.
It is not necessary for the paper owner to be aware that they have lost possession, or for the paper
owner to be inconvenienced by the acts of possession
Small acts of custody and control might suffice if the land has not been abandoned, is
inaccessible by the paper owner or is of such quality that it does not readily admit of the
sufficient possessory acts
Purbick v Hackney
ans: Successful adverse possessor cleared a derelict shed, erected a new roof and fitted a
makeshift door and a fixed chain. He could have done more to secure possession, but he had
done enough in all circumstances.
