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Adverse Possession (Q4) - Coggle Diagram
Adverse Possession (Q4)
'Root of Title'
Anyone who takes adverse possession of land will thereby acquire a new legal fee simple in it (Leach v Jay).
If land is unregistered there will be the unregistered legal fee simple of the dispossessed owner and the newly created fee simple of the adverse possessor.
If land is registered there will be the registered legal fee simple of the registered proprietor, and the newly raised legal fee simple of the adverse possessor.
'Relativity of Title'
Any fee simple holder who is dispossessed (original owner) by a squatter can bring an action to recover possession from them.
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Adverse Possession
Showing Possession
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An intention to exercise such custody and control on one's own behalf and for one's own benefit (intent to possess/animus possidendi).
Only need intent to possess, not intent to own.
Does not matter if the claimant mistakenly believes that they are the owner (Prudential Assurance v Waterloo).
Does not matter if the adverse possessor would have been willing to pay for their occupation had they been asked to do so (J A Pye v Graham).
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When estate is unregistered, if they fail to recover possession within 12 years, both the right to recover the land and their title is extinguished (s15 Limitation Act 1980).
When dispossessed party's estate was registered the same result prevails under Land Registration Act 1925 - after the 12 year period of adverse possession the registered proprietor is deemed to hold their estate on trust for the adverse possessor s 75(1) LRA 1925.
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Paper title holder/owner/registered proprietor is deemed to be in possession of land, even if they are not actually using it.
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