Adverse Possession in UK Law

Leading Cases
  • JA Pye (Oxford) Ltd v United Kingdom (44302/02)
    • House of Lords
    • 04 Jul 2002

    From 1833 onwards, therefore, old notions of adverse possession, disseisin or ouster from possession should not have formed part of judicial decisions. Para 8(1) of Schedule 1 to the 1980 Act defines what is meant by adverse possession in that paragraph as being the case where land is in the possession of a person in whose favour time "can run". It is directed not to the nature of the possession but to the capacity of the squatter.

    There will be a "dispossession" of the paper owner in any case where (there being no discontinuance of possession by the paper owner) a squatter assumes possession in the ordinary sense of the word. Except in the case of joint possessors, possession is single and exclusive. Therefore if the squatter is in possession the paper owner cannot be.

    What is crucial is to understand that, without the requisite intention, in law there can be no possession. Such intention may be, and frequently is, deduced from the physical acts themselves. But there is no doubt in my judgment that there are two separate elements in legal possession. It is not the nature of the acts which A does but the intention with which he does them which determines whether or not he is in possession.

  • Buckinghamshire County Council v Moran
    • Court of Appeal (Civil Division)
    • 13 Feb 1989

    If the law is to attribute possession of land to a person who can establish no paper title to possession, he must be shown to have both factual possession and the requisite intention to possess (" animus possidendi"). A person claiming to have "dispossessed" another must similarly fulfil both these requirements.

  • Lambeth London Borough Council v Blackburn
    • Court of Appeal (Civil Division)
    • 14 Jun 2001

    It is not perhaps immediately obvious why the authorities have required a trespasser to establish an intention to possess as well as actual possession in order to prove the relevant adverse possession. That does not mean that it must in fact be known to the owner, but that it must be manifested to him so that, if he were present at the property he would be aware that the trespasser had taken possession of it and intended to keep others out.

  • Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex and B.P. Ltd
    • Court of Appeal (Civil Division)
    • 10 Jul 1974

    When the true owner of land intends to use it for a particular purpose in the future, but meanwhile has no immediate use for it, and so leaves it unoccupied, he does not lose his title to it simply because some other person enters on it and uses it for some temporary surpose, like stacking materials; or for some seasonal purpose, like growing vegetables.

  • Ramnarace v Lutchman
    • Privy Council
    • 21 May 2001

    Generally speaking, adverse possession is possession which is inconsistent with and in denial of the title of the true owner. Possession is not normally adverse if it is enjoyed by a lawful title or with the consent of the true owner.

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Legislation
  • Limitation Act 1939
    • UK Non-devolved
    • 1 de Enero de 1939
    ......to any person and, before he recovers possession of the. chattel, a further conversion or wrongful detention takes. place, ... Right of action not to accrue or continue unless there is adverse possession. 10 Right of action not to accrue or continue unless there is ......
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......apply if the right to possession under the lease is discontinuous. . (5) A person may not make an ...enforcement of any estate, right or interest adverse to, or in. derogation of, the proprietor's title subsisting at the time ......
  • The Land Registration Rules 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ...... (a) details of leases, charges, and any other interests which adversely affect the registered estate subsisting at the time of first registration ...Adverse Possession Adverse Possession . S-187 . Interpretation Interpretation . 187. ......
  • Real Property Limitation Act 1833
    • UK Non-devolved
    • 1 de Enero de 1833
    ......, in respect of the Estateor Interest claimed, have been in Possession or in Receipt of the Profits of such Land, or in Receipt of such Rent, and ...S-XV . Where Possession is not adverse at the Time of passing the Act, the Right shall not be barred until after ......
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Books & Journal Articles
  • ADVERSE POSSESSION OF LAND—MORALITY AND MOTIVE 1
    • Núm. 33-3, Mayo 1970
    • The Modern Law Review
  • Taxonomies of Squatting: Unlawful Occupation in a New Legal Order
    • Núm. 71-6, Noviembre 2008
    • The Modern Law Review
    Legal responses to the activity of ‘squatting’ include criminal justice, civil actions, property law and housing policy. Some legal analyses of unauthorised occupation focus on the act of squatting...
    ...... of squatting, others on the squatter’ s claim totitle through adverse possession.This paper explores recent devel- opments in the law of ad ......
  • Bringing Land Registration into the Twenty–First Century – The Land Registration Act 2002
    • Núm. 65-4, Julio 2002
    • The Modern Law Review
    ...... Adverse possession The law on adverse possession does not readily fit within a ......
  • Proprietary Estoppel and Responsibility for Omissions
    • Núm. 78-1, Enero 2015
    • The Modern Law Review
    The ‘acquiescence’ category of proprietary estoppel is a rare example of responsibility for pure omissions in private law. On liberal‐individualistic theories of ownership, the policy consideration...
    ...... to which he has fallen, it was my duty to be active and assert my adverse title; and that it would be dishonest in me to remain wilfully passive on ... have concluded that [R] was relying on him not to reclaim possession unless he needed the land, and was assuming that this would not be for ......
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