Suggested Answer to Exercise 13.3 (Part 2)
Planning Your Answer
- Who will win an action for possession?
- Does Kate have any defence to possession proceedings brought by Olwen?
- Would Kate’s rights also bind Trusties, the freeholder of the land?
- What difference would it make if Kate’s lease were registered?
- How do the rules differ?
- How would the result differ, if at all?
- The requirements for adverse possession
- Actual occupation?
- With intention to possess?
- Without the consent of the paper-owner?
SeeLand Law, Section 13.3
- Application to unregistered land
- Limitation period
- Continuous possession
- Application to leasehold titles
Limitation Act 1980; see land Law, Sections 13.4 and 13.6
- Application to registered land
LRA 2002, ss 96-98 and Sch 6 LRA; see Land Law, Section 13.5.2 and 13.6
- Introduce the issues and the key concepts; explain why they are important.
- Is Kate (and was Mumtaz) in adverse possession of the land?
If so, given that the land is unregistered:
- will this bar Olwen’s action for possession?
- will it bar the freeholder’s title?
- Consider the same questions assuming that title to the land was registered.
- Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning.
Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.