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Adverse possession and Pye v Graham
Land Registration Act 2002
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Miscellaneous

This page contains various miscellaneous matters relating to adverse possession:
  • The Crown
  • Electoral roll as evidence
  • Fences
  • Former tenants
  • Interruption of possession: Is a mere demand for possession sufficient? - Squatter lying low - Temporary self-exclusion.
  • Mooring rights
  • River bed
  • Tenant acquiring possessory title for landlord
  • Two concurrent registrations of the same land
  • Walls

Crown

Hill v Transport for London
[2005] EWHC 856 (Ch)

An obscure case on adverse possession. Deals with the situation where the paper owner is the Crown or a person claiming through the Crown. In either case the limitation period is 30 years. Held: The period of 30 years is counted from the date upon which the right of action originally accrued either to the Crown or to a predecessor if there was one.


Electoral roll as evidence

King v Job
[2002] All ER (D). 1/2/02

The county court judge relied on evidence of the electoral roll to come to the conclusion that the defendant was not in possession of the property during part of the relevant period and rejected the defendants evidence on the point. He had found the defendant to be unreliable. The CA held that the judge was entitled to accept the electoral roll as evidence.


Fences

Inglewood Investment Co Ltd v Baker
[2002] EWCA Civ 1733.

The erection of a fence is open to more than one interpretation. In this case the squatter had erected the fence merely to keep sheep in and not to exclude the rest of the world. It was not evidence of possession sufficient to establish a claim for adverse possession.


Former tenants

Williams v Jones
[2002] EWCA Civ 1097; [2002] 40 EG 169.

There is a distinction to be drawn between a person who enters the land as a trespasser and a tenant who remains on the land after the end of the tenancy. In the former case it is necessary to establish an intention to po ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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