Question 1

an entitlement to be registered as proprietor of a registered estate is an interest capable of being protected by actual occupation against a purchaser.

Accepted Answer

An entitlement to be registered as proprietor of a registered estate can be an overriding interest if the person is in actual occupation, thus protecting it against a purchaser under the Land Registration Act 2002.

Question 2

Under the Land Registration Act 2002 there is no period of limitation against a registered title.

Accepted Answer

The Land Registration Act 2002 abolished the concept of adverse possession against registered titles, meaning there is no limitation period for claims against registered land.

Question 3

the court in Pye v. UK concluded that the rules on adverse possession were in breach of the Human Rights Act 1998.

Accepted Answer

The European Court of Human Rights in Pye v. UK concluded that the application of the rules on adverse possession did not violate the European Convention on Human Rights, specifically the right to peaceful enjoyment of one's possessions under Article 1 of Protocol No. 1.

Question 4

the acts taken which are said to be constitutive of the physical possession must be done solely in order to secure possession of the land and cannot have another motive. Justify your answer by reference to the case law.

Accepted Answer

In the case of Buckinghamshire CC v Moran (1990), it was established that the motive behind the acts done to secure possession of the land is irrelevant as long as the acts demonstrate a sufficient degree of physical control and an intention to possess the land. This means that acts constitutive of physical possession do not need to be done solely to secure possession; they can have other motives as well.

Question 5

a tenant who adversely possesses a neighbour's land for the required period of time will himself be entitled to apply to be registered freehold proprietor on the basis of that adverse possession.

Accepted Answer

The answer of a tenant who adversely possesses a neighbour's...

Question 6

a tenant who adversely possesses against his landlord is entitled to be registered as freehold proprietor of that land on the basis of that adverse possession.

Accepted Answer

A tenant cannot claim adverse possession against their landlord during the term of the lease, as their possession is not adverse but with the landlord's consent. Adverse possession typically requires possession that is hostile, actual, open, notorious, exclusive, and continuous for a specific statutory period, which cannot be met by a tenant during the lease term.

Question 7

an adverse possessor of unregistered land obtains a new title to the land, rather than being transferred the paper owner's title.

Accepted Answer

Adverse possession allows a person to obtain a new title to unregistered land through continuous and exclusive possession over a certain period of time, effectively creating a new title rather than transferring the existing owner's title.

Question 8

if an adverse possessor deliberately hides the fact of his possession this will generally prevent him from applying to be registered proprietor on the basis of adverse possession.

Accepted Answer

Adverse possession requires the possession to be open and notorious, meaning it must be visible and obvious to the true owner. If the possessor hides their possession, it does not meet this requirement.

Question 9

if an adverse possessor becomes proprietor of a leasehold estate, the landlord can require the adverse possessor to pay rent and/or enforce the original tenant's repairing covenants.

Accepted Answer

Adverse possession grants ownership rights to the possessor, not a leasehold interest, thus the original landlord-tenant covenants do not apply to the adverse possessor.

Question 10

Is being in the receipt of rents an act of possession sufficient to found a claim in adverse possession?

Accepted Answer

The answer of Is being in the receipt of rents...

Quiz 11: Adverse Possession