· Winner of Real Property Law Student Essay Competition May 28, ; Share. Damages vs Specific Performance: Land Contracts. Kaitlin Brennan. Kaitlin Brennan is a third-year law student at the University of Ottawa and has completed two undergraduate degrees at the University of Ottawa – a Bachelor of Arts in Theatre and a Specialization in English Literature. Kaitlin has worked at · A man's search for meaning essay law Land dissertation topics how to list topics in an essay. Child is the father of man essay pdf. Psychiatry case study questions How to write reviews essay essay on role of freedom fighters in making india free pros and cons of globalization ielts essay ielts agree disagree essay jay. Case study frito-lay operations management in manufacturing: when · Principles of Leases in Land Law. “ Under s1 (1) (b) LPA the term of years absolute is a legal estate in land and is also a propriety estate” [1]. A lease is an agreement between the landlord (lessor) and the tenant (lessee), where the tenant will enjoy all the rights over the property that the landlord (lessor) has given unless if
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Enter the email address you signed up with and we'll email you a reset link. Need an account? Click here to sign up. Download Free DOCX. Download Free PDF. Land Law Essay on Adverse Possession. Joel Chua. Download PDF Download Full PDF Package This paper. A short summary of this paper. Download PDF. Download Full PDF Package. Translate PDF. Bodden, the Red Light Princess. The question requires a discussion on the impact of the LRA on the doctrine of adverse possession and whether it can be considered an improvement of the previous system governing this area of law.
Although not a criminal law doctrine, adverse possession ultimately converts someone who would otherwise qualify as a criminal trespasser into an owner. Some considered this doctrine to be effectively legalising theft which resulted to pressure to change the law of adverse possession. Before jumping into conclusion on whether the LRA improved the previous system governing adverse possession on registered titles, it is first required to land law essay the working land law essay this doctrine on registered and unregistered land.
Rationale Adverse Possession is defined by N. This doctrine is controversial as it permits squatters to lawfully steal a piece of land for the legal owner, land law essay.
This maxim is seen as encouraging paper owners to utilise their land to the best of land law essay abilities as land is seen as a vital natural resource, if they fail or neglect to do this the a squatter who is prepared to make us of the land has a legal right to take possession from the legal owner.
It should be noted that there are different rules for adverse possession depending on whether the land is registered or unregistered. This was established in the land law essay of Buckinghamshire CC v Moran and was affirmed in the case of Pye v Graham. In relation to possession, the squatter must take possession of the land either by dispossessing the owner or by entering at some time after the owner has discontinued his own possession.
Slade J in Powell v McFarlane explained that the alleged possessor must deal with the land in question as an occupying owner might deal with it in order to show factual possession. For example, the land is a house, the adverse possessor may live in it; if it is a garden, he may cultivate it.
In Red House Farms Thornden Ltd v Catchpole, shooting wildfowl was held to be sufficient act of possession because that was the only purpose the land could be used. Besides physically possessing the land, the squatter must show intent to possess, land law essay. Ltd v Waterloo Real Estate Inc, the adverse possessor must be shown to have the subjective intention to possess the land, and also show by outward conduct that that was his intention.
In Hughes v Cook, it was stated that title by adverse possession can be acquired where the possessor occupies the land under a mistaken belief that he is already the owner of the land. Furthermore in Powell v Macfarlane, it was established there is no requirement for the owner to know about the adverse possession, but the possession must be open so that the owner has the opportunity to find out.
Besides, the squatter is under no obligation to draw the owners land law essay to what is happening as in Topplan Estates Ltd v Townley. Lastly, the possession by the squatter must be adverse which simply means that the squatter must be in factual possession as a trespasser as can be seen in Coclchester v Smith where it was established that a tenant was not an adverse possessor. Where the land is unregistered, the squatter is regarded as having an estate in fee simple from the moment he first takes possession as decided in Leach v Jay, land law essay.
However, until the limitation period of 12 years has been completed, the legal owner can dispossess the squatter through eviction or taking back possession. Dispossession can simply be done by the legal owner by moving a boundary fence as seen Zarb v Parry. Under s. It was held in Tichbourne v Weir, that after completing the limitation period, the squatter holds his own estate in the land under a new title under fee simple. The law on adverse possession has undergone significant reform in light of the LRA Before considering whether the LRA is an improvement, it is first required to look at the LRA Under the LRAtime ran against the registered proprietor in exactly the same way as it did against the owner of the unregistered land, and his right of action against the dispossessor was barred under s.
The LRA introduced a completely new system to deal with adverse possession which land law essay to all claims on adverse possession of registered land. The effect of the LRA is that the old rule cease to apply and time does not run against the registered proprietor, the provision of imposing a statutory trust is also abolished, land law essay.
Since the Limitation Act no longer applies, no number of years of adverse possession will give the squatter a title to the land. Today under Schedule 6, only after 10 years of adverse possession can the squatter apply to be registered with tittle, land law essay.
However, when such an application is made, the registered owner will be notified and has 3 months to object which is most likely the outcome.
Under Schedule 6 para 4, if such notice is given to the registered owner and is not objected by the legal owner or other interest holder, the squatter will have to remain in possession for another two years before his title can be registered. If the application for registration is opposed and consequently rejected, the registered proprietor can recover the property from the squatter.
Arguments for and against Many land law essay that the law on adverse possession before the LRA was unfair to registered proprietors, now after the LRA came into force, some say it is almost impossible for a land law essay to successfully claim adverse possession. To really decide whether the LRA made any improvement, the effect of the Act has to be evaluated.
It is opined that one of the most significant changes brought about is that registered owners will be notified when an application is made by a squatter for title registration. This indeed seems to be advantageous for registered proprietors compared to before, but, it can be said to be at the expense of the squatter.
However, land law essay, it is arguable the registered owners should be given more protection as they were the ones who acquired the land legally. Land law essay, squatters are still able to get their title registered despites opposition to application under 3 specific circumstances set out in Schedule 6 para 5.
A squatter will be entitled to be registered if it is unconscionable because of equity by estoppel for the registered proprietor to dispossess the land law essay if the applicant is for some other reason entitled to be registered as the proprietor of the estate; and if the applicant is reasonably mistaken as to the boundaries and for the past land law essay years believed that the land belonged to him. This shows that the LRA does not completely benefit registered owner only, the Act only made it harder for squatters land law essay have a registered title.
After all, if a claim of adverse possession is successful, squatters obtains title free of charge while registered owners will not be compensated.
Having discussed the operation of this doctrine, it is required to decide if this doctrine if justifiable. Question then arises as to why long use is accepted as sufficient to confer legal right in land. This case had used and worn out all domestic remedies which led to it being referred to the ECtHR, it gave English courts the opportunity to examine whether the law on adverse possession was contrary to article 1.
Furthermore, the case of In Beaulane Properties Ltd v Palmer, Deputy Judge Strauss QC held that the effect of s. However he went on to say that the new law of adverse possession founded in the Land Registration Act did not produce a disproportionate result and therefore was not contrary to the principles of the Convention.
Hence, it is safe to conclude that the LRA is indeed an improvement as there is no issue of conflict with the ECHR. To sum up, the LRA has brought about some changes to the doctrine of adverse possession which can be considered an improvement. Furthermore, since the changes made by the lra to a certain extent gave paper owner more protection compared to before ,it is safe to say that there is better balance of rights of squatter and paper owner.
Although some countries like Malaysia has abolished land law essay doctrine while adopting the Torrens system, it is submitted that this doctrine should be preserved. From an economic standpoint, this doctrine is beneficial as it allows land in a country to land law essay fully utilised, land law essay.
From a moral point of view, land law essay, this doctrine in a way rewards squatters who have contributed to a piece of land instead of letting land go to waste. The Future of Adverse Possession in Registered Land in England and Wales By Ifeoma Ekeoma. Whither Adverse Possession in Hong Kong? A Comparative and Statistical Study By Lei Chen.
EJ Marais Acquisitive prescription in view of the property clause unpublished doctoral thesis, Stellenbosch University By Ernst J Marais. Abandonment and Adverse Possession : Assessing the Role of Land Acts By Peter Mnyeshi. Download file. About Press Blog People Papers Job Board We're Hiring!
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