76093
Description
Mind Map by divine_lyadiee, updated more than 1 year ago
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Created by divine_lyadiee
almost 11 years ago
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Adverse
possession/
H.R
- Where is adversely possessed by another for the required period the paper owner will lose title.
- A.P must be in factual possession of the land - sufficient degree of physical control, has the A.P been dealing with land
like an occupying owner would e.g. fencing the land, putting locks.
- Intention to possess - must be seen by looking at the actions of the A.P dealing with the land in way that the paper owner
would. Intention possess for one's benefit.
- Unregistered land = based on limitation of actions, paper owner has 12 years to bring an action of A.P.
Limitation act 1980, s15 (1) 12 years startas soon as the A.P begins. Expiry of the 12 years = paper owner =
statute barred from bringing a claim for recovery. A.P will then have title to land & paper owner's title =
extinguished. S17 LA 1980 - AP will have better title which is subject to all the burdens of the land.
- Registered land - governed by LRA 2002 no limit by which the paper owner must evict the A.P,
role switched - AP has to take positive steps to apply to the land registry&be registered with title
to land. & registered proprietor has to dispute the claim
- 10 years of AP -- AP can apply to the land registry. Sch 6 para 1 LRA 2002 - upon receiving the application the current registered proprietor must be notified &
given days to object the application. Registered proprietor then has to take steps to evict A.P after 2 years the A.P is able to make another claim. No objection
made = registered proprietor.
- 10 years of AP -- AP can apply to the land registry. Sch 6 para 1 LRA 2002 - upon receiving the application the current registered proprietor must be notified &
given days to object the application. Registered proprietor then has to take steps to evict A.P after 2 years the A.P is able to make another claim. No objection
made = registered proprietor.
- Registered land - governed by LRA 2002 no limit by which the paper owner must evict the A.P,
role switched - AP has to take positive steps to apply to the land registry&be registered with title
to land. & registered proprietor has to dispute the claim
- Unregistered land = based on limitation of actions, paper owner has 12 years to bring an action of A.P.
Limitation act 1980, s15 (1) 12 years startas soon as the A.P begins. Expiry of the 12 years = paper owner =
statute barred from bringing a claim for recovery. A.P will then have title to land & paper owner's title =
extinguished. S17 LA 1980 - AP will have better title which is subject to all the burdens of the land.
- Intention to possess - must be seen by looking at the actions of the A.P dealing with the land in way that the paper owner
would. Intention possess for one's benefit.
- A.P must be in factual possession of the land - sufficient degree of physical control, has the A.P been dealing with land
like an occupying owner would e.g. fencing the land, putting locks.
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