Nobody downloaded yet

The law relating to adverse possession has been fundamentally changed by the Land Registration Act 2002. Critically evaluate this statement with reference to the justifications for changes to this area of the law - Essay Example

Comments (0) Cite this document
Summary
Prior to the introduction of the Land Registration Act 2002 landowners could find themselves dispossessed of their land if someone could prove that they had been in possession of the land for a period in excess of 12 years. Persons claiming adverse possession had to show that…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.6% of users find it useful
The law relating to adverse possession has been fundamentally changed by the Land Registration Act 2002. Critically evaluate this statement with reference to the justifications for changes to this area of the law
Read TextPreview

Extract of sample
"The law relating to adverse possession has been fundamentally changed by the Land Registration Act 2002. Critically evaluate this statement with reference to the justifications for changes to this area of the law"

Download file to see previous pages Bryant v Foot (1867) Cockburn CJ came to the conclusion that adverse possession could be proven ‘not on the ground that possession over a given period gave an indefeasible right, but on the assumption, where possession or enjoyment had been carried back as far as living memory would go, that a grant had once existed which had since been lost. 1’
For a claim for adverse possession to succeed the claimant needs to prove that the land has been maintained or used solely by them in the relevant period. There is no requirement for the applicant to be in physical occupation of the land, and cases have been allowed were the land has been used for the grazing of animals belonging to the claimant.2 The erection of a fence or wall around the land could be used to prove that the land has been used exclusively by the claimant however there is no requirement for the land to be enclosed in order for a claim to succeed. Where the claimant has been given permission by the landowner to use the land, a claim for adverse possession would be likely to fail. Use of the land without the consent of the landowner can lead to such a claim, unless the landowner knew that the claimant was using the land in this way, and failed to take any steps to stop him form doing so. With a claim for adverse possession, the applicant has to prove that it was their intention to possess the land.3
A claim for adverse possession was rejected in Leigh v Jack (1879).4 In this case, the court found that it was obvious from the actions of the real owner that they had never, at any point in time, discontinued possession of the land and that the actions of the claimant were insufficient to prove that the real owner had been dispossessed. From this case the ‘implied licence’ theory was developed. Such a ‘licence’ only gave the squatter ‘mere’ possession of the land and none of the rights of the true owner would be interfered with.
Before the LRA 2002 the adverse possessor would be regarded as the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The law relating to adverse possession has been fundamentally changed Essay”, n.d.)
The law relating to adverse possession has been fundamentally changed Essay. Retrieved from https://studentshare.org/miscellaneous/1561991-the-law-relating-to-adverse-possession-has-been-fundamentally-changed-by-the-land-registration-act-2002-critically-evaluate-this-statement-with-reference-to-the-justifications-for-changes-to-this-area-of-the-law
(The Law Relating to Adverse Possession Has Been Fundamentally Changed Essay)
The Law Relating to Adverse Possession Has Been Fundamentally Changed Essay. https://studentshare.org/miscellaneous/1561991-the-law-relating-to-adverse-possession-has-been-fundamentally-changed-by-the-land-registration-act-2002-critically-evaluate-this-statement-with-reference-to-the-justifications-for-changes-to-this-area-of-the-law.
“The Law Relating to Adverse Possession Has Been Fundamentally Changed Essay”, n.d. https://studentshare.org/miscellaneous/1561991-the-law-relating-to-adverse-possession-has-been-fundamentally-changed-by-the-land-registration-act-2002-critically-evaluate-this-statement-with-reference-to-the-justifications-for-changes-to-this-area-of-the-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Land Law
..., the registration requirement under the said law applies to the easement of parking by the spouses. However, since the easement on the use of the shortcut is made legal by its long use, which under the LRA 2002 is an overriding interest in registered lands, Nigel should respect it although it is not registered. The LRA 2002 has also made a significant change in the law of adverse possession by taking the prescriptive period out of the laps of registered owners, a move that was made in compliance with a previous European court ruling. BIBLIOGRAPHY Books Abbey, R. &...
9 Pages(2250 words)Essay
Land Registration Act Reforms
.... The creation of the 2002 Land Registration Act brings about a revolutionary change in the way conveyancing in Wales and England is carried on, and also to create a modern land registration system1. The primary aim of the Land Registration Act 2002 is to significantly reduce the amount of overriding interests which can potentially bind a registered title purchaser and replace most of them with entries which are registrable. 2. Registered Land Registered land refers to the...
6 Pages(1500 words)Essay
Land Law
.... This shall be allowed if the legal ground and the claim for establishment of the mortgage are proved to be real. The provision of this law on mortgage creation by registration in real estate is applicable to changes and incase of termination of the mortgage. Above all, a mortgage cannot be created primarily on a will. Rights of a lender A mortgagee has a right to sue for the mortgage money. However, this right is available to him only on certain conditions: If the mortgage deed has an agreement to repay If there is no fault of the mortgagee or the mortgagor, the mortgaged asset is deprived partly or wholly destroyed Where the mortgagee is denied wholly...
5 Pages(1250 words)Essay
A fundamental objective of the Land Registration Act 2002
...mirror of the status of land titles. The concept of overriding interests existing to defeat the registered interests has been eliminated by the Act. The Act encourages the registration of interests and grants the registrar the powers to enter any interests and ask for clarifications. The methods of protecting burdens to land titles have been reduced to only restrictions and notices. Mortgages by way of demise cannot be granted over registered land while the overriding interests have been limited. Some overriding interests such as equitable easements were abolished. The...
7 Pages(1750 words)Essay
LAND LAW
...which is entitle to this land has been infringed the sue Terri for, Damages to recover monetary compensation with regard to tress pass to your land the extent to which the court will determine on the effect of the act on the value of the land in question, Ejection based on the court order for the removal of erected fence.11 All the remedies above could also apply to Total Ltd. Bibliography Bogart, D. B., & Makdisi, J. (2009). Inside property law: What matters and why. New York: Aspen Publishers/Wolters Kluwer Law & Business. Bruce, J. W., & World Bank Group. (2006). Land...
4 Pages(1000 words)Coursework
Adverse possession
...that put a cap on the time which property owner can bring courses of action to recover the property from a trespasser. When such time has lapsed, the trespasser effectively gains title to the land, and if the owner of the land can bring a suit to claim such property later, the trespasser is entitled to claim adverse possession as a defence or counter-claim. In U.K under the Land Registration Act 2002, a trespasser is entitled to make an application to the land registry to be registered as the owner, after meeting the laid down requirements 1.2. Example of...
6 Pages(1500 words)Essay
Registration law
...if the "appearance of the article is not material" (Act, 1988, 1(3)). Thus aesthetic considerations are not normally taken into account to a material extent by persons acquiring or using a product or if the design were applied to the product: that design cannot be registered. The amendment had the important effect of removing from registration protection many everyday household items that would otherwise have been covered on the basis that their design is not solely dictated by function. Essentially, the onus was thus moved to the designer to prove the aesthetic importance of the design over functionality. New Design Law: 98/71/EC The justification for...
8 Pages(2000 words)Essay
Business Law - land law
.... Throughout the entire 10-year period, he or she must have: had actual exclusive, open, and visible possession, had the intention to exclude the true owner from possession, and effectively excluded the true owner from possession." Aaron (2002) In summary, if Tim sued Hill Bill and Hill Bill has been in possession of the land for the 15 years that it was occupied, it is safe to say that Hill Bill would be favorable in the case. The 15 years of adverse possession of the land held by bill for over at least 7 years and in the open would prove...
3 Pages(750 words)Case Study
Outline and critically examine the procedural and substantive changes in the law on land registration brought about by the Land Registration Act 2002. Is land r
...Outline and critically examine the procedural and substantive changes in the law on land registration brought about by the Land Registration Act 20021. Introduction The Land Registration Act 2002 (LRA) came into force on 13th October 2003 implementing an overhaul of the organisation of registered land system, repealing the Land Registration Act 1925. The Law Commission Report Number 271 “Land Registration for the Twenty...
14 Pages(3500 words)Essay
Adverse Possession
...individuals and squatters, the trespass is not being acted upon. Possible actions against squatting in the UK have been brought before legislative powers, for example, in 2011, the Minister of Justice published a paper on the options for people seeking to deal with squatters, outlining their problems in the endevour and suggesting that current legislation is inadequate (MoJ, 2011). This would indicate that the current land laws regarding adverse possession would be changed, and in my opinion, this should be done. The issue of adverse possession has been...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic The law relating to adverse possession has been fundamentally changed by the Land Registration Act 2002. Critically evaluate this statement with reference to the justifications for changes to this area of the law for FREE!
Contact Us