The new edition of Adverse Possession has been extensively revised and updated to take account of legislation and case law including Land Registration Rules 2003, Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003 and Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003. This book uniquely deals with the subject in detail, providing a full treatise on the law, referring to both English and Commonwealth authorities. It also examines the various issues of principle and practice which arise including title, meaning and elements of possession, the running of time, estoppel and human rights considerations.
Stephen Jourdan and Oliver Radley-Gardner are both barristers at Falcon Chambers.
PART 1 INTRODUCTION Definitions and overview; Historical introduction and proposals for reform; Interpretation, policy and human rights; Title to land PART 2 THE ELEMENTS OF ADVERSE POSSESSION The significance of adverse possession, discontinuance and dispossession; The requirement that possession must be 'adverse' and continuous; The meaning of 'possession'; The factual element of possession; The mental element of possession - the intention to possess; The extent of possession: when possession of part of the surface will be treated as possession of whole; The extent of possession: mines and minerals; Possession of specific types of land; Whether specific uses of land constitute possession; PART 3 THE RUNNING OF TIME How long must time run for?; What will stop time running?; Extension of time by acknowledgment or payment; Extension of time for disability; Extension of time for fraud, mistake or deliberate concealment; Estoppel PART 4 THE EFFECT OF TIME RUNNING Unregistered title; Registered title - Part 1; Registered title - Part 2; PART 5 SPECIAL CASES Easements, profits and other rights; Leases; Encroachments; Mortgages; Trusts; Beneficiary in possession to exclusion of trustee; Co-ownership; Successive interests; Issues following death; Rentcharges, annuities, tithes and advowsons; Boundaries; The sale of land; Licences and tenancies at will; Pleading points
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- ID: 9781847663726
2nd Revised edition
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