Adverse possession and estoppel
Nield, S.
Adverse possession and estoppel - The Conveyancer (68) March/April 2004, 123-136(14) .
Examines the new regime introduced by the Land Registration Act 2002 to govern the operation of adverse possession over registered land. This strengthens the protection afforded to the registered proprietor by limiting any claim that can be made by squatters, who now have the right to apply for registration as registered proprietors after a minimum of 10 years. The Act highlights the role of the claimant's mistaken belief and the defendant's acquiescence in the operation of estoppel. Explores the operation of estoppel in the context of adverse possession under the Act by focusing on the overlap between the two doctrines, which may operate in similar circumstances. Concludes that the policy of the Act is clear: adverse possession and registration of title are incompatible save in the rare cases where the greater injustice is caused by disturbing the squatter than in protecting the registered owner.
RAMSDEN V DYSON
WILLMOTT V BARBER
TAYLOR FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
REGISTRATION OF TITLE
DETRIMENT
ANIMUS POSSIDENDI
SQUATTERS
ESTOPPEL
ADVERSE POSSESSION
REGISTERED LAND
LAND REGISTRATION ACT 2002
Adverse possession and estoppel - The Conveyancer (68) March/April 2004, 123-136(14) .
Examines the new regime introduced by the Land Registration Act 2002 to govern the operation of adverse possession over registered land. This strengthens the protection afforded to the registered proprietor by limiting any claim that can be made by squatters, who now have the right to apply for registration as registered proprietors after a minimum of 10 years. The Act highlights the role of the claimant's mistaken belief and the defendant's acquiescence in the operation of estoppel. Explores the operation of estoppel in the context of adverse possession under the Act by focusing on the overlap between the two doctrines, which may operate in similar circumstances. Concludes that the policy of the Act is clear: adverse possession and registration of title are incompatible save in the rare cases where the greater injustice is caused by disturbing the squatter than in protecting the registered owner.
RAMSDEN V DYSON
WILLMOTT V BARBER
TAYLOR FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
REGISTRATION OF TITLE
DETRIMENT
ANIMUS POSSIDENDI
SQUATTERS
ESTOPPEL
ADVERSE POSSESSION
REGISTERED LAND
LAND REGISTRATION ACT 2002