Adverse possession Essay Example | Topics and Well Written Essays - 1500 words

Adverse possession - Essay Example This doctrine is based on limitation of actions whereby certain courses of actions becomes statute barred after a certain period of time. 1.1. How adverse possession is obtained Adverse possession is obtained by a trespasser who has met the common law requirements explained in part 2. In all states, there are statutes of limitations that put a cap on the time which property owner can bring courses of action to recover the property from a trespasser. When such time has lapsed, the trespasser effectively gains title to the land, and if the owner of the land can bring a suit to claim such property later, the trespasser is entitled to claim adverse possession as a defence or counter-claim. In U.K under the Land Registration Act 2002, a trespasser is entitled to make an application to the land registry to be registered as the owner, after meeting the laid down requirements 1.2. Example of adverse possession Mr X purchased a plot in order to put up commercial buildings in M Borough County. He fenced up the plot but due to financial constrains, he was unable to start constructions. For one year, he would send somebody occasionally to slash grass. Over time, Mr Y who owns a plot adjacent to the land started to use the property as his garage. He took over the duty of slashing and general maintenance. Over the years, he even replaced the lock to the main gate three times and fenced the plot such that it was only accessible from his property. At one time, following visits by brokers who wanted to purchase the land, he erected a ‘land not for sale’ sign and additionally indicated that ‘trespassers will be prosecuted’. During all this time, he was fully aware that the plot belonged to Mr. X but did all these developments fully aware of that fact. After 10 years of his presence, Mr. X sent a letter to protest his presence in the property without his consent. However, the matter was not followed up. 13 years later, Mr. X gets the necessary finance an d desires to commence the constructions. In this scenario, Mr. Y is entitled to claim legal ownership of the plot. This is because he had been in actual, notorious and open occupation of the plot for uninterrupted period of 13 years. Evidence of possession is evidenced by the signs that he erected to wade off trespassers and warn potential buyers. His possession was adverse to the title of Mr. X which is evidenced by the letter of protest sent by X. Therefore, Y, who was initially a trespasser, has since displaced X and is therefore entitled to claim legal title to the property. Several circumstances have to be in existence for a trespasser to establish adverse possession. 2. Requirements for adverse possession They include: a) He must have been in actual possession. b) Such possession must be adverse or hostile to title of the true owner. c) Such possession must be continuous or uninterrupted and d) Possession must be open, factual, and notorious so as to amount to constructive not ice to the owner of the property. 2.1. Actual possession Under this requirement, the trespasser must actually be in possession of the land. This implies physical occupation of the land. Besides the physical occupation, the court in Littledale v Liverpool College [1900] 1 Ch 19 held that the trespasser must bear the intention to possess (animus possidendi). However, in Pye v Graham (Oxford) Ltd [2002] UKHL 30 it was held that the squatter need not have a long-term intention to acquire title, it is sufficient if their intention is to displace the owner. Such possession must be possession of the entire property. If the possession