Wills & Trusts Law Reports | Autumn 2019 #176The Appellants were the descendants of Edward Collingwood, who had conveyed a church and churchyard, for use as a chapel of ease for the parish of Newburn, to the Church Building Commissioners on 1 October 1837 (‘Conveyance’). As originally constructed, the church contained a burial vault or sepulchre lying below the central aisle of the nave. This had been expressly excepted and reserved to the grantor ‘… with full power for [the grantor and his heirs and assigns] to open such vault as aforesaid and use and repair the same at all reasonable times…’. The church had been closed for regula...
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 …
Continue reading "Adverse possession: Moral authority"
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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 …
Continue reading "Adverse Possession: Verging on the extreme"
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Wills & Trusts Law Reports | June 2015 #150The appeal arose out of a disputed claim to land.
In 1856 or 1857 W, who had been seised of land in fee simple, died. His will set out to leave a life interest in the land to his widow and thereafter to his four named children and after them to five named grandchildren. One of those grandchildren had (at least) two sons, E and B.
The respondent, G, was the grandson of B.
The appellants, K and R, derived their title from the other son E. In 1947, E had made a will asserting that he was the freehold owner of the land, it having devolved upon him as the heir at law of W...
Edward Gamble reports on a decision that clarifies whether a squatter in illegal occupation of a residential building can still establish a claim for adverse possession ‘The illegality principle may have to give way to competing public policy interests from time to time.’ Section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act …
Continue reading "Adverse Possession: The illegality conundrum"
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Can a squatter rely upon conduct that amounts to a criminal offence as the basis for a claim in adverse possession? Alison Oldfield and Richard Jobes investigate ‘Until a claim in adverse possession is established however, the occupier of the land is, by definition, committing an unlawful – tortious – act of trespass.’ The decision …
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What happens when tenant acquires possession without the landlord realising? Rebecca Allwood examines a case involving a periodic tenancy ‘Paragraph 8 of Schedule 1 of the Act confirms that the limitation period will only start to run once the landowner has been “dispossessed”. For this to happen there must be a person in possession in …
Continue reading "Adverse Possession: Artificial termination"
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Graeme Robertson reviews the implications of the Land Registration Act 2002 and its implications on squatters and landowners ‘Since the 2002 Act, which came into force on 13 October 2003, it has become much more difficult for a squatter of land to acquire title through adverse possession.’Adverse possession is an area of property law that …
Continue reading "Adverse Possession: Something nasty in the woodshed"
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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 …
Continue reading "Adverse Possession: Absolute or possessory?"
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