Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 13.3 (Part 2)


Planning Your Answer

Issues

  1. Who will win an action for possession?
    1. Does Kate have any defence to possession proceedings brought by Olwen?
    2. Would Kate’s rights also bind Trusties, the freeholder of the land?
  2. What difference would it make if Kate’s lease were registered?
    1. How do the rules differ?
    2. How would the result differ, if at all?

Rules

  1. The requirements for adverse possession
    1. Actual occupation?
    2. With intention to possess?
    3. Without the consent of the paper-owner?
      SeeLand Law, Section 13.3
  2. Application to unregistered land
    1. Limitation period
    2. Dispossession
    3. Continuous possession
    4. Application to leasehold titles
      Limitation Act 1980; see land Law, Sections 13.4 and 13.6
  3. Application to registered land
    LRA 2002, ss 96-98 and Sch 6 LRA; see Land Law, Section 13.5.2 and 13.6

Answer Plan

  1. Introduce the issues and the key concepts; explain why they are important.
  2. Is Kate (and was Mumtaz) in adverse possession of the land?
    If so, given that the land is unregistered:
    1. will this bar Olwen’s action for possession?
    2. will it bar the freeholder’s title?
  3. Consider the same questions assuming that title to the land was registered.
  4. 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.


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