stage 1. establishing Adverse Possession
what we are mainly looking for here is the date on which the cause of action accrues against the paper owner - when does AP start?
:black_flag: Limitation Act 1980, Sch 1: both registered and unregistered land have their origins in this due to the trigger date being the same
Para 1: 'where the person bringing an action to recover land, or some person through whom he claims, has been in possession of the land, and has while entitled to the land been dispossessed or discontinued his possession, the right of action shall be treated as having accrued on the date of the dispossession or discontinuance'
:!: this means that the right to recover the land is triggered by the date of the dispossession of the title owner, and this owner then has 12 years from this date to recover their land
s.15 (1): 'no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person'
:!: this essentially means after a period of time, the paper owner is statute barred from bringing a claim to recover their land from the person in possession of the land (unregistered land only)