Land Law
Essay Page
Adverse Possession (1) 2
Adverse Possession (2) 5
Constructive trusts and Promissory estoppel (1) 8
Constructive trusts and Promissory estoppel (2) 12
Problem questions
Freehold Covenant 16
Leases 20
Mortgages (1) 23
Mortgages (2) 27
Exam Paper 31
Marks and feedback provided – first-class answers
Only for reference purposes
1
, What practical changes were triggered by the Land Registration Act 2002 in this regard and
to what extent has it been successful if compared to its predecessor?
Adverse Possession is defined by N. Hopkins as “acquiring a freehold estate by taking
possession of the land, and by continued use to defeat or extinguish existing titles”. This
doctrine is controversial as it permits squatters to lawfully steal a piece of land for the legal
owner. In the words of Lord Denning in McPhail v Persons Unknown, a squatter is one who,
without colour of right, enters an unoccupied house or land, intending to stay there as long
as he can. The question requires a discussion of the changes introduced by Land
Registration Act 2002 (hereinafter LRA 2002) and its effectiveness.
Land Registration Act 1925 (hereinafter LRA 1925) only applies if 12 year is completed
before 13 October 2003. The right of action against the dispossessor was barred under s15
LA 1980 at the end of 12 years. s75(1) LRA 1925 provides that the proprietor’s title was not
extinguished at the end of the limitation period, but would be held by him in trust for the
squatter who could then apply for registration in his place. However this trust no longer
exists and has been replaced with the entitlement to register as per Schedule 12 Para 18
LRA 2002.
The idea, therefore, is that any given landowner should have a substantial window of
opportunity within which to evict an unwanted occupier from their land, after which if they
have done nothing to protect what is theirs their right to do so should be extinguished. This
seems logical, but the legislation was seen as flawed. Legal critics considered that the
statutory provisions favoured the squatter over the landowner by putting restrictions on a
landowner wishing to recover their own land.
Moreover, the right of the squatter is an Interest that overrides under s70(1)(f) LRA 1925
which binds a purchaser as seen in Chowood v Lyall. The section provides overriding
protection for a person who has acquired his rights under the limitation act or is in the
course of acquiring his rights under the Limitation Act.
The old law was being criticised as favouring the adverse possessor overwhelmingly. The
LRA 2002 provides a reversal of roles. Under the previous law, it was the paper owner who
had to be alert to the challenge to their title by the squatter, who could largely remain
passive on the property. Now it is the squatter who must take action and the paper owner,
the registered proprietor, can remain passive until they are alerted by the new process to a
claim for adverse possession by the squatter.
S96 LRA 2002 provides that the Limitation Act no longer applies for the registered land.
A person who has been in adverse possession of the estate for a minimum of 10 years may
apply to become the registered proprietor under Schedule 6 Paragraph 1 LRA 2002. Hence,
a person cannot lose his land merely because another person has adversely possessed the
land for 12 years. Under Schedule 6 Paragraph 2(1) LRA 2002, the Registrar must notify the
actual owner once the application is made. The squatter will be successfully registered if the
owner does not reply to the notice within 65 business days, according to Land Registry
Practice Guide 4.
2
Essay Page
Adverse Possession (1) 2
Adverse Possession (2) 5
Constructive trusts and Promissory estoppel (1) 8
Constructive trusts and Promissory estoppel (2) 12
Problem questions
Freehold Covenant 16
Leases 20
Mortgages (1) 23
Mortgages (2) 27
Exam Paper 31
Marks and feedback provided – first-class answers
Only for reference purposes
1
, What practical changes were triggered by the Land Registration Act 2002 in this regard and
to what extent has it been successful if compared to its predecessor?
Adverse Possession is defined by N. Hopkins as “acquiring a freehold estate by taking
possession of the land, and by continued use to defeat or extinguish existing titles”. This
doctrine is controversial as it permits squatters to lawfully steal a piece of land for the legal
owner. In the words of Lord Denning in McPhail v Persons Unknown, a squatter is one who,
without colour of right, enters an unoccupied house or land, intending to stay there as long
as he can. The question requires a discussion of the changes introduced by Land
Registration Act 2002 (hereinafter LRA 2002) and its effectiveness.
Land Registration Act 1925 (hereinafter LRA 1925) only applies if 12 year is completed
before 13 October 2003. The right of action against the dispossessor was barred under s15
LA 1980 at the end of 12 years. s75(1) LRA 1925 provides that the proprietor’s title was not
extinguished at the end of the limitation period, but would be held by him in trust for the
squatter who could then apply for registration in his place. However this trust no longer
exists and has been replaced with the entitlement to register as per Schedule 12 Para 18
LRA 2002.
The idea, therefore, is that any given landowner should have a substantial window of
opportunity within which to evict an unwanted occupier from their land, after which if they
have done nothing to protect what is theirs their right to do so should be extinguished. This
seems logical, but the legislation was seen as flawed. Legal critics considered that the
statutory provisions favoured the squatter over the landowner by putting restrictions on a
landowner wishing to recover their own land.
Moreover, the right of the squatter is an Interest that overrides under s70(1)(f) LRA 1925
which binds a purchaser as seen in Chowood v Lyall. The section provides overriding
protection for a person who has acquired his rights under the limitation act or is in the
course of acquiring his rights under the Limitation Act.
The old law was being criticised as favouring the adverse possessor overwhelmingly. The
LRA 2002 provides a reversal of roles. Under the previous law, it was the paper owner who
had to be alert to the challenge to their title by the squatter, who could largely remain
passive on the property. Now it is the squatter who must take action and the paper owner,
the registered proprietor, can remain passive until they are alerted by the new process to a
claim for adverse possession by the squatter.
S96 LRA 2002 provides that the Limitation Act no longer applies for the registered land.
A person who has been in adverse possession of the estate for a minimum of 10 years may
apply to become the registered proprietor under Schedule 6 Paragraph 1 LRA 2002. Hence,
a person cannot lose his land merely because another person has adversely possessed the
land for 12 years. Under Schedule 6 Paragraph 2(1) LRA 2002, the Registrar must notify the
actual owner once the application is made. The squatter will be successfully registered if the
owner does not reply to the notice within 65 business days, according to Land Registry
Practice Guide 4.
2
