Chapter

Adverse possession

Margaret Wilkie, Peter Luxton and Rosalind Malcolm

in Q & A Revision Guide Land Law 2013 and 2014

Ninth edition

Published on behalf of © M. Wilkie, P. Luxton and R.N. Malcolm 2013

Published in print January 2013 | ISBN: 9780199661923
Published online September 2013 | e-ISBN: 9780191764271 | DOI: http://dx.doi.org/10.1093/he/9780199661923.003.0004

Series: Law Questions & Answers

Adverse possession

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The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession. The Land Registration Act 2002 (LRA 2002) considerably reduced the significance of the doctrine of adverse possession in the system of registered titles; and as that system is rapidly replacing the unregistered system, the importance of adverse possession will diminish rapidly. The first question considers the legal position where an adverse possessor is squatting upon land subject to a lease, both where the title is unregistered and where it is registered. The second question deals with the court's decision of whether a title has been barred by adverse possession.

Keywords: Land Registration Act 2002; squatting; registered titles; legal position

Chapter.  6547 words. 

Subjects: Land Law ; Study and Revision

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