Land Law Adverse Possession

Land Law Adverse Possession 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