Adverse Possession

Stephen Jourdan and Oliver Radley-Gardner are both barristers at Falcon Chambers.

PART 1 INTRODUCTION Definitions and overview; Historical introduction and proposals for reform; Interpretation, policy and human rights; Title to land PART 2 THE ELEMENTS OF ADVERSE POSSESSION The significance of adverse possession, discontinuance and dispossession; The requirement that possession must be 'adverse' and continuous; The meaning of 'possession'; The factual element of possession; The mental element of possession - the intention to possess; The extent of possession: when possession of part of the surface will be treated as possession of whole; The extent of possession: mines and minerals; Possession of specific types of land; Whether specific uses of land constitute possession; PART 3 THE RUNNING OF TIME How long must time run for?; What will stop time running?; Extension of time by acknowledgment or payment; Extension of time for disability; Extension of time for fraud, mistake or deliberate concealment; Estoppel PART 4 THE EFFECT OF TIME RUNNING Unregistered title; Registered title - Part 1; Registered title - Part 2; PART 5 SPECIAL CASES Easements, profits and other rights; Leases; Encroachments; Mortgages; Trusts; Beneficiary in possession to exclusion of trustee; Co-ownership; Successive interests; Issues following death; Rentcharges, annuities, tithes and advowsons; Boundaries; The sale of land; Licences and tenancies at will; Pleading points