which case does the concept originate from?
Asher v Whitlock [1865]
what does the case of Powell v Macfarlane [1979] confirm?
factual possession and intention to possess are required elements of a claim
AP must be open, not secret and not by force
Re Riley and the Real Property Rule [1965]
MR for AP can be subjective or objective= treat land as if you own it
Prudential [1999]
erected a gate
Moran [1990]
Profitable use of the land
Red House Farm [1977]
enclosure by a fence old case
Seddon v Smith [1877]
accepting a licence, ends AP claim
Buckler [1988]
acts too trivial do not amount to factual possession
Tecbuild v Chamberlain [1969]
What is the process of AP in unregistered land?
s.15 LA 1980- 12 yrs of AP to qualify.
Form FR1
What is the process of AP in registered land, where 12 yrs have been completed before 13/10/2003?
s.75 LRA 1925- Registered proprietor holds title on trust for squatter
squatter has to apply for a change of the register using AP1 form
What is the process of AP in registered land after 13/10/2003?
ss.96-98 and sch. 6 LRA 2002
After 10 yrs, squatter can apply for registration.
LR notifies owner and other interested parties
Post notification of the registered owner, what are the options the squatter faces
- if owner doesn’t respond or agrees- sch.6 para 4 applies
- if owner opposes, he has 2 yrs to evict the squatter, otherwise S can make a further application- sch.6 para 6 &7
if the squatter has a ‘special case’ under sch.6 para 5- his interest may be registered regardless of opposition
What are the special cases under sch.6 para 5 LRA 2002?
Estoppel, some other right in the land, reasonable mistake as to boundaries
What makes ‘squatting’ a crime?
s.144 LASPOA 2012
What are positive arguments in support of AP?
mistake- protect an innocent party, who has spent money and time on a piece of land, believing in to be his own
-keeping land in use
-facilitating easy and cheap investigation of title
What were the basis for reform of AP?
outcry after Pye v Graham case- lack of ability to justify process as being in the public interest
rules were inappropriate for the new system of title absolute and registration- could constitute a trap of purchasers, since S used to retain an equitable interest even if not in occupation
what are the s.98 defences if proceedings are initiated against a squatter?
at the date of the proceedings:
reasonable mistake as to boundaries- sch.6 para.5(4)
application- sch.6 para 1(completed the 10yrs) essentially
why was Best case significant?
court allowed claim for AP, despite the obvious contradiction with s.144, which effectively made the act criminal
erecting a gate isn’t always an intention to possess; may only be protecting a right of way
Amirtharaja v White [2021]; Littledale v Liverpool College [1900]
