Case Study S Law

Case Study S Law-89
This is the one type of possession that resembles Mark’s claim that “possession is nine tenths of the law”.It involves a “wrongful taking [that] eventually generates rightful title”.You can view samples of our professional work here.

This is the one type of possession that resembles Mark’s claim that “possession is nine tenths of the law”.It involves a “wrongful taking [that] eventually generates rightful title”.You can view samples of our professional work here.

Traditionally the crucial question was how long the squatter had been in possession.

Section 96(1) of the Land LRA removes this as a consideration, displacing section 15 of the Limitation Act which had previously allowed the action to accrue. Here, the existence of financial advantage gained from the land was significant.

In this case it appears that Mark will be able to make the challenge as he has used the land for at least the past 10 years.

If Mark does file this, then so long as Jack files an objection, he will not lose title.

It is only at this point that he has told Mark to desist from letting his pigs enter the woods.

The crucial question is whether Mark has obtained rights over the land through the law of adverse possession.In this case Mark has not been granted permission nor has he leased the land.As such it will not be difficult to show that any possession was adverse.Because of the recent enactment of the legislation, there have been very few cases in this area; Gray does detail though what will likely be required.In essence the test as it appears in the statute is in two parts.On that basis the Land Registration Act 2002 must be considered.If Mark wishes to take over the title, he will have to make a positive application to the Land Registry to claim the title.Disclaimer: This work has been submitted by a student.This is not an example of the work produced by our Law Essay Writing Service.It is irrelevant how long the squatter remains in possession, this is not sufficient to alter the title of the land. It can be argued that the use of the land has increased the revenue from the pigs and that this should constitute “physical control”.The first question therefore is whether the factual requirements for adverse possession have been achieved. Once possession is established, it is essential that is “inconsistent with [Jack’s] title”.

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