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Property Litigation
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast considers the different forms of adverse possession. The changes made by the Land Registration Act 2002 are considered, and the various situations in which an adverse possession claim may arise, and the different ways in which possession is taken, are examined.

After completing the course you will:
  • Understand the definition of adverse possession;
  • Know the different situations where adverse possession claims may arise;
  • Have received an overview of how the claim may be made in different situations, such as registered or unregistered land;
  • Understand the changes made by the Land Registration Act 2002;
  • Know the exceptions to the normal statutory regime, and how they work.
Intermediate Difficulty: 3 of 5
Legal Principles
Practical Guide
Sources and References:
  • Land Registration Act 2002;
  • Limitation act 1980;
  • Land Registration Act 1925;
  • European Convention on Human Rights;
  • Human Rights Act 1998;
  • St Marylebone Property Co Ltd v Fairweather [1963] AC 510;
  • J A Pye (Oxford) Ltd v. Graham [2002] UKHL 30;
  • Powell v McFarlane (1977) 38 P & CR 452;
  • Wallace Cayton Bay Holiday Camp Ltd v Shell-Mex [1975] QB 94;
  • Beaulane Properties Limited v Palmer [2005] EWHC 1460 (Ch);
  • Leigh v Jack (1879) 5 Ex D 264;
  • Ofulue v Bossert [2009] UKHL 16;
  • Pye v UK [2005] 3 EGLR 1.

In this podcast, Anthony Tanney, Elizabeth Fitzgerald and Tamsin Cox talk about adverse possession. The varying forms of adverse possession are each considered, and a discussion of the legal definition of possession is also incorporated. A thorough examination of what is required for adverse possession is undertaken, and practical steps are included for those making a claim and for practitioners are included.

Podcast Added: 25/09/2008

Podcast last reviewed: 2011-09-28

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