Laws still favour the possessor
Phillips, A.
Laws still favour the possessor - 2005 - Estates Gazette (0502) 15 January 2005, 98(1) .
Looks at how the much criticised principle of adverse possession has just survived its latest statutory assault from the Land Registration Act 2002. Comments on the recent CA decision "Topplan Estates Ltd v Townley"([2004] EWCA 1369, Abs68471), one of a long line of cases which have found that the person with the paper title to the land is in fact no longer the owner of the land. Outlines the principles of adverse possession under the Limitation Act 1980 s15 and how the 2002 Act amends the time period for continuous possession from 12 to 10 years. Examines the transitional provisions in the Act in respect of adverse possession, which will cease after October 2006 when the new law will be fully in place.
SQUATTERS
TRESPASSERS
ADVERSE POSSESSION
GRAZING AGREEMENTS
LAND REGISTRATION ACT 2002
LIMITATION ACT 1980 S15
TOPPLAN ESTATES LTD V DAVID TOWNLEY
Laws still favour the possessor - 2005 - Estates Gazette (0502) 15 January 2005, 98(1) .
Looks at how the much criticised principle of adverse possession has just survived its latest statutory assault from the Land Registration Act 2002. Comments on the recent CA decision "Topplan Estates Ltd v Townley"([2004] EWCA 1369, Abs68471), one of a long line of cases which have found that the person with the paper title to the land is in fact no longer the owner of the land. Outlines the principles of adverse possession under the Limitation Act 1980 s15 and how the 2002 Act amends the time period for continuous possession from 12 to 10 years. Examines the transitional provisions in the Act in respect of adverse possession, which will cease after October 2006 when the new law will be fully in place.
SQUATTERS
TRESPASSERS
ADVERSE POSSESSION
GRAZING AGREEMENTS
LAND REGISTRATION ACT 2002
LIMITATION ACT 1980 S15
TOPPLAN ESTATES LTD V DAVID TOWNLEY