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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Land Registration: When is rectification unjust?

Juliet Brook examines whether title or rectification takes priority, with reference to Parshall v Hackney ‘The state guarantee of title can only be effective when coupled with the ability to correct mistakes (with indemnities to counteract the loss suffered).’ Of the various principles enshrined within English land law, the state guarantee afforded to registered titles …
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Adverse Possession: Something nasty in the woodshed

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 …
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Book Review: Dispelling the rumours

Jamie Kidd finds Stephen Jourdan and Oliver Radley-Gardner’s Adverse Possession an invaluable guide for all practitioners The first edition of Adverse Possession (which confirmed the law up to 31 July 2002) was well timed. It was published shortly after the House of Lords handed down their decision in JA Pye (Oxford)Ltd & ors v Graham …
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