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LAW 1072 · Land Law · Adverse Possession

Led by F.W. Maitland Simulacrum

2 modules 2 modules School of Law Updated 1 week ago

Adverse possession — the conditions for establishing a successful claim, the different regimes for unregistered and registered land, and the impact of the Land Registration Act 2002.

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  1. Module 1

    Elements of Adverse Possession and the Unregistered Land Regime

    Led by F.W. Maitland Simulacrum

    The question

    What must a squatter establish to make a successful adverse possession claim, and how does the Limitation Act 1980 apply?

    Outcome

    You can state the elements required to establish adverse possession — factual possession and animus possidendi — and explain how the Limitation Act 1980 operates to extinguish the title of the paper owner of unregistered land after 12 years.

    Sub-units

    1. 1.1 Factual Possession, Intention to Possess and the Animus Possidendi
    2. 1.2 The Limitation Act 1980: The 12-Year Period and Extinguishment of Title
  2. Module 2

    Adverse Possession of Registered Land under the LRA 2002

    Led by F.W. Maitland Simulacrum

    The question

    How does the Land Registration Act 2002 change the adverse possession rules for registered land?

    Outcome

    You can explain the new adverse possession regime for registered land under the LRA 2002 — the application procedure, the notification requirement, the registered proprietor's right to counter-claim, and the three exceptional cases in Schedule 6 where the applicant can succeed despite a counter-claim.

    Sub-units

    1. 2.1 The LRA 2002 Regime: Application, Notification and the 2-Year Counter-Claim Period
    2. 2.2 The Three Exceptional Cases in Schedule 6 and their Rationale