Adverse Possession in UK Law

Leading Cases
  • Lambeth London Borough Council v Blackburn
    • Court of Appeal (Civil Division)
    • 14 Junio 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.

  • Buckinghamshire County Council v Moran
    • Court of Appeal (Civil Division)
    • 13 Febrero 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.

  • Ramnarace v Lutchman
    • Privy Council
    • 21 Mayo 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.

  • Wallis's Cayton Bay Holiday Camp Ltd v Shell-Mex and B.P. Ltd
    • Court of Appeal (Civil Division)
    • 10 Julio 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. The line between acts of user and acts of possession is too fine for words.

  • Roberts v Crown Estate Commissioners
    • Chancery Division
    • 14 Marzo 2007

    It is striking both that Mr Wonnacott has been able to find no authority truly on all fours with his argument and that there is no hint of it in the comprehensive review of the law in Pye. Moreover, as a form of comment available now that the Law Reports proper are in computerised form, Mr Braithwaite tells me that nowhere does the word “deforcement” appear in them.

  • Purbrick v Hackney London Borough Council
    • Chancery Division
    • 26 Junio 2003

    To some, I accept, that might appear to be unattractive. Against that, it is to some extent implicit in the present law of adverse possession, that an owner of property who makes no use of it, whatever, should be expected to keep an eye on the property to ensure that adverse possession rights are not being clocked up. A period of 12 years is a long period during which to neglect a property completely.

  • Baxter (Steven John) v Mannion (Thomas Francis)
    • Chancery Division
    • 18 Marzo 2010

    I can see no good reason to confine the jurisdiction of the registrar under paragraph 5(a) to the correction of mistakes of a procedural nature. The paragraph does not say that a squatter may apply for registration if he can produce prima facie evidence of adverse possession during the ten year period, or if he can persuade the registrar that his claim to have been in adverse possession is more likely to succeed than not.

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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 ......
  • 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 ......
  • 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 ......
  • Limitation Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ......possession of the chattel, a further conversion takes place, no. action shall be ...held the benefice adversely to the right of presentation. or gift of the person in question (or of ......
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Books & Journal Articles
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Forms
  • Chapter COG11925
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... that the relevance of material already in the caseworker’s possession changes after the receipt of further information from the appellant. ... reputational damage for both HMRC and individuals. setting an adverse precedent. disciplinary action. legal action against the department ......
  • Chapter DMBM670480
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... for the purposes of executing an attachment, because of the adverse publicity this may generate, you should not allow him to do so without you ... of the signed schedule must be handed either to the person in possession of the attached articles or left at the premises. At the same time the ......
  • Chapter BIM35410
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......The tenant in possession of such land when the crop ripens has the right to pick it and then it ... an alteration not merely of form but of substance owing to its adverse effect on the tax situation ......
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