land law - adverse possession
Adverse Possession (AP)
1. Based on principle that if the paper owner fails to evict a squatter or trespasser from his land within a certain period, his title to the land will be lost.
2. Known also as ‘land theft’.
3. This right can only take effect when :
- Paper owner has give up possession of the land (either because they have dispossessed or has discontinued their ownership)
- Squatters take possession of the land in dispute.
4. Traditionally, no action shall be brought by any person to recover any land after 12 years (S.15 Limitation Act 1980).
5. Now, this only applies to unregistered land and registered land where period of AP was completed before LRA 2002 came into force.
6. Rules on AP for registered land were confined and governed by LRA 2002.
Justification for AP
1. Mistake
• To prevent hardship to those who act in good faith on mistakes as to boundaries. Ie. Genuinely mistakenly believe that the land to be his.
2. Keeping land in use
• To keep land in circulation, to ensure that land abandoned by its owner will not be derelict.
• Ensure that land is held by those who use rather than those who do not.
3. Facilitating investigation of title
• In court-ease problem of having to proving title to landcheaper & faster (no need to investigate ancient transactions).
• In conveyancing- 12 year period under LA 1980 linked to 15 year period for ‘good root of title’ under S.23 LPA 1969.
Establishing AP
To claim title by AP, squatters must prove:
a) He has been in possession of the land; and
b) The possession has been adverse; and
c) The AP has lasted for the prescribed time (applies only to AP for unregistered land & registered land under LRA 1925. Ie. Completion of the limitation period before the coming into force of LRA 2002)
a) Possession
i) Factual possession
• Throughout the relevant period of AP, squatters must deal with the land, to the exclusion of others (including the paper owner), as an occupying owner
1. Based on principle that if the paper owner fails to evict a squatter or trespasser from his land within a certain period, his title to the land will be lost.
2. Known also as ‘land theft’.
3. This right can only take effect when :
- Paper owner has give up possession of the land (either because they have dispossessed or has discontinued their ownership)
- Squatters take possession of the land in dispute.
4. Traditionally, no action shall be brought by any person to recover any land after 12 years (S.15 Limitation Act 1980).
5. Now, this only applies to unregistered land and registered land where period of AP was completed before LRA 2002 came into force.
6. Rules on AP for registered land were confined and governed by LRA 2002.
Justification for AP
1. Mistake
• To prevent hardship to those who act in good faith on mistakes as to boundaries. Ie. Genuinely mistakenly believe that the land to be his.
2. Keeping land in use
• To keep land in circulation, to ensure that land abandoned by its owner will not be derelict.
• Ensure that land is held by those who use rather than those who do not.
3. Facilitating investigation of title
• In court-ease problem of having to proving title to landcheaper & faster (no need to investigate ancient transactions).
• In conveyancing- 12 year period under LA 1980 linked to 15 year period for ‘good root of title’ under S.23 LPA 1969.
Establishing AP
To claim title by AP, squatters must prove:
a) He has been in possession of the land; and
b) The possession has been adverse; and
c) The AP has lasted for the prescribed time (applies only to AP for unregistered land & registered land under LRA 1925. Ie. Completion of the limitation period before the coming into force of LRA 2002)
a) Possession
i) Factual possession
• Throughout the relevant period of AP, squatters must deal with the land, to the exclusion of others (including the paper owner), as an occupying owner