Generally, a party with title to an estate in land can recover possession of the estate from a subsequent ‘squatter’. Title, however, may be lost as a result of adverse possession by squatters for a sufficient and continuous period of time.
The question answered here requires students to consider whether there has been a sufficient period of adverse possession to satisfy the requirements of the registered title system and, in the alternative, the unregistered system, on facts which involve not one but two consecutive squatters.
The answer applies the law on matters such as:
- whether possession by squatters can be established, and when
- when the possession is or is not adverse
- what might interrupt a period of possession
- what are the effects of adverse possession under the different statutory regimes (in outline)
- whether a change in squatter interrupts the continuity of adverse possession against the paper owner, or whether the new squatter’s possession can just be added to that of the former
Furthermore, since the second squatter has dispossessed the first squatter (as opposed to possession having been consensually transferred), we consider the effects of adverse possession on the title of the first squatter as well as on that of the paper owner.
Lecturer: Gianni Vuolo
Duration: 32 minutes (approx)
Order securely online and get immediate access to the lecture.
More recordings in Property Law
- Acquisition & priority of third party rights Q&A
- Adverse possession Q&A
- Proprietary estoppel
- Leases – nature and acquisition (the lease / licence distinction)
- Leasehold covenants – enforceability after assignment or sub-letting
- Leasehold covenants – types and remedies for breach
- Freehold covenants
- Acquisition of easements
- Characteristics of easements
- Co-ownership of property
- Creation and priority of interests Q&A
- Nature and creation of leases: the lease/licence distinction Q&A
- Types of proprietary right and their acquisition
- A structured approach to Land Law