EV-0635 — Revision notes on adverse possession citing BP Properties v Buckler

Catalogue record

Transcript

Revision notes on adverse possession (web page capture, no title or author visible).

Possession must be adverse before time will begin to run: Limitation Act Sched 1 Para 8

• Possession which is inconsistent with and in denial of the true owner.
• Not normally adverse if with the consent of the true owner: Romnarance v Lutchman
• Thus permission is central to the concept of "adverse": if owner gives permission then the squatter has a licence Hughes v Griffin, Pye v Graham.
• Former tenant given permission to remain is not AP: Smith v Lawson.
• No AP if under an unterminated contract: Hyde v Pearce but this case sits uneasily with Bridges v Mees.
• Once a person is in AP it should not be open for the owner to grant a licence to make possession not adverse: but CF BP Properties v Buckler.
• Intention and future use; if owner had future plans which were not precluded by the squatters activity, then no AP because ficticious implied licence granted: Wallis & Cayton Bay Holiday Camp v Shell-Mex Ltd.
• Future use relates to state of mind of squatter; if he intends to use so as not to interfere with owners planned use then unlikely that the requisite animus possidendi is established: Buckinghamshire CC v Moran

Pye v Graham clarified that what is required is factual possession of the land, without the permission of the paper owner, with the intention to possess that land.

Interruption of time
• If squatter dispossessed by another squatter: aggregated thus no interruption.
• If squatter acknowledges the title of the paper owner, or pays; interruption.
• Under Limitation Act 1980 S29, acknowledgement must be in writing, signed and addressed to the person entitled to the land. Oral acknowledgement will not stop the clock.
• Not necessary to be explicit acknowledgement: Lambeth London Borough Council v Archangel. Could be implicit through an offer to purchase: Edgington v Clark or an offer to rent it: Lambeth LBC v Bigden.
• If paper owner obtains a possession order, this will interrupt: BP Properties v Buckler.

Transcription note: Screen capture of student revision notes. Transcribed in full with the original spellings ("Romnarance", "ficticious"). "AP" = adverse possession.

Destination

• Where the original is held: Original: a web page of student revision notes (author not shown). Our copy: a screen capture held by the family.
• On this site: this artifact page, listed in the Evidence Register, and cited from the judgment page EV-0080.
• Image: the copy held is not reproduced here; the transcript stands in for it (third-party copyright).

Interpretation

Revision notes that cite the case twice: as a contrast to the rule that an owner cannot grant a licence once adverse possession has begun, and as authority that a possession order interrupts time.

Related records

• Cites: EV-0080