Chapter 4 Scenario questions

Adverse Possession

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. Steve is the owner of a plot at the back of which is an unused parcel of land that is overgrown with nettles and shrubs. This 'waste' land neighbours a further piece of land owned by Tanya who is a keen gardener and likes to keep her garden in excellent condition. Frustrated at the state of Steve's overgrown plot, Tanya entered the land, levelled it, cut back the nettles and shrubs, paved it, and began using it as an extension of her own garden. Title to the land has, at all times, been unregistered. Tanya now claims to be entitled to this land. Which of the following most accurately summarizes the position in law in this unregistered land scenario?

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. Now imagine we are in registered land. Steve is the owner of a plot at the back of which is an unused parcel of land that is overgrown with nettles and shrubs. This 'waste' land neighbours a further piece of land owned by Tanya who is a keen gardener and likes to keep her garden in excellent condition. Frustrated at the state of Steve's overgrown plot, Tanya entered the land, levelled it, cut back the nettles and shrubs, paved it and began using it as an extension of her own garden. Title to the land has, at all times, been registered. Tanya now claims to be entitled to this land. Which of the following most accurately summarizes the position in law in this registered land scenario?

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. Ursula is registered as the proprietor of a parcel of land. She is informed by Land Registry that an application has been made, under Sch. 6 of the LRA 2002, by Veeta (an adverse possessor of Ursula's land), to be registered as the new proprietor. What can Ursula do in response to Veeta's application? Which one of the following most accurately summarizes Ursula's options under Sch. 6?

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. William is the freehold owner of a plot of unregistered land. William became aware that Xanthi had been occupying the land as an adverse possessor including fencing off the land and intending to build an eco-house on the land. William was intrigued by the project and so wrote to Xanthi telling her he treated her as a licensee of the plot and asking her to enter a licence agreement with him. Xanthi did not write back. William, annoyed at this, wrote again to Xanthi, this time saying that any licence that had existed was terminated and that she should leave the land. Xanthi claims title to the land by way of 12 years' adverse possession. Which one of the following most accurately reflects Xanthi's legal position?

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