Powell v McFarlane (1977) 38 P&CR 452

Adverse possession: Moral authority

Naveed Ali analyses the evolution of adverse possession ‘Despite this “unjust” method of acquisition, there are numerous arguments in favour of adverse possession. Firstly, there is the notion that the very existence of adverse possession encourages negligent landowners to make use of their disused land.’ Land law has long acknowledged the rights of other people …

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Adverse Possession: Verging on the extreme

Laura Cole and Edward Gamble discuss the best way to deal with squatters ‘Land owners should carry out regular inspections of land, particularly in locations such as vacant units, open spaces or dilapidated premises prone to occupation by optimistic occupiers.’ Although we are all familiar with the concept of squatters, a person can only claim …

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Co-Owners In Actual Occupation: High priority

Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …

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Adverse Possession: Absolute or possessory?

Claire James and Keith Shaw report on a recent decision confirming important procedural issues in claims of adverse possession ‘Whether acts constitute a sufficient degree of exclusive possession will depend in particular on “the nature of the land and the manner in which land of that nature is commonly used or enjoyed”.’Acquiring land by adverse …

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