Chapter 15 Self-test Questions

. Which of the following statements is correct in 2019?

Under the Limitation Act 1980, as long as adverse possession has continued for 12 years, the adverse possessor can obtain title to the land.

The Limitation Act 1980 applies to both unregistered and registered land.

According to the Limitation Act 1980, the adverse possessor of unregistered land must be in continuous possession for 12 years.

In a successful claim for adverse possession where title is unregistered, the title deeds of the property must be handed over to the adverse possessor by the original owner within two months.

. Which of the following statements is correct?

Adverse possession, according to the European Court of Justice in Pye v United Kingdom, does not infringe Article 1 of the First Protocol of the European Convention on Human Rights.

The European Court of Human Rights held in Pye v United Kingdom that under Article 1 of the Treaty of Rome, adverse possession is guaranteed as a human right.

The European Court of Human Rights confirmed in Pye v United Kingdom that adverse possession does not infringe the guarantee of 'free enjoyment of possessions'.

According to the European Court of Justice in Pye v United Kingdom, adverse possession infringes the free movement provisions of the EU treaty and breaches the Charter of Fundamental Rights.

. Which of the following statements is true?

Factual possession can be satisfied by some form of presence on the land; there is no need to have physical control of the land.

A tenant who has not paid rent for two years whilst the lease is running can be considered to be in adverse possession. To succeed in a claim for adverse possession, the tenant must be in possession without paying rent for six years.

Factual possession and the intention to possess are the basis of a claim for adverse possession, subject to other criteria being fulfilled.

Factual possession, whatever the intentions of the possessor, is enough to found a claim for adverse possession.

. How would an adverse possessor demonstrate their intention to possess land?

Intention to possess can be inferred through a physical act(s), for example, erecting a fence and putting a lock on the gates, but there may be instances where intention to possess is inferred from other circumstances.

Intention to possess land can be inferred by simply picking flowers or using the land for recreational purposes during the summer months.

Intention to possess land can be inferred by merely putting up a sign saying 'Keep Out! Trespassers will be prosecuted.'

The intention to possess can be inferred from parking a car on the land for a few hours once every week while doing the shopping.

. Which of the following statements is correct?

An adverse possessor, to be successful in obtaining title to the land, must complete the requisite time period. If, however, during this period of the time the adverse possessor acknowledges the original owner's title, either orally or in writing, the time period will start running afresh.

While time is running in favour of the adverse possessor, an acknowledgement of the original owner's title to the land (in writing and signed by the adverse possessor) will stop the time running in their favour.

The original owner of the land can prevent the limitation period from being completed by offering to sell the property to the adverse possessor. This offer is an acknowledgement of the original owner's title the land.

Once the adverse possessor acknowledges the original owner's title to the land, they are barred from bringing any future claim to adverse possession.

. Which of the following statements is NOT true?

Under the Limitation Act 1980, the adverse possessor must be in possession of the land for 12 years. A short break in possession of less than one year is permissible, and will not defeat a claim for adverse possession.

Under the Limitation Act 1980, the adverse possessor with less than 12 years' possession can defend his possession of the land against everyone except for the original owner.

Under the requirements of the Limitation Act 1980, the time period of 12 years' adverse possession must be continuous, and the land must be in the continuous possession of the adverse possessor.

The Limitation Act 1980 does not apply where adverse possession of registered land has been completed after 13 October 2003; the Land Registration Act 2002 provides a separate set of rules in such a situation.

. Which of the following statements is correct in relation to unregistered titles?

The requirements for possession (i.e. factual possession and the intention to possess) must be satisfied. As long as the adverse possessor has been in possession continually for ten years, then they will gain a new title in the fee simple.

A tenant may be displaced by an adverse possessor. In such circumstances, the lease will end automatically and the landlord's title in the fee simple will be extinguished.

The adverse possessor must have both factual possession and the intention to possess the land, and be in possession continually for 12 years. It is only then that the adverse possessor obtains an undisputable title to the fee simple.

Where a tenant has been displaced by an adverse possessor, the lease continues but will only have a notional existence between the landlord and the adverse possessor.

. Which of the following statements is NOT true in relation to registered titles?

Under the Land Registration Act 2002 rules on adverse possession, the owner of a registered estate will not lose their estate to an adverse possessor. The adverse possessor can, after ten years' possession, apply to be registered proprietor. This gives the registered proprietor the right to object and defeat a claim for adverse possession.

Where adverse possession has already been completed by 12 October 2003, the adverse possessor has the right to have the register rectified in his favour. The right to have the register rectified is a personal right and it is incapable of being an overriding interest.

Where the registered proprietor has objected to the adverse possessor's application to become the registered proprietor, the registered proprietor must ensure that the adverse possessor does not continue to have possession of the land, otherwise the registered proprietor is still at risk of losing their property.

If the registered proprietor objects to the adverse possessor's application to become the registered proprietor, the proprietor must within two years either evict the adverse possessor or enter into an agreement permitting the adverse possessor to occupy the land.

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