Chapter 6 Self-test questions

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Match the definition with the correct word or phrase.

Someone else assumes ordinary possession of land

Dispossession Paper owner Discontinuance Squatter

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Land is abandoned

Dispossession Squatter Discontinuance Paper owner

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A person who takes adverse possession of land

Discontinuance Squatter Dispossession Paper owner

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A person who owns land but who has been dispossessed

Discontinuance Dispossession Squatter Paper owner

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Which of the following are required elements in proving adverse possession? Please select all that apply

The required degree of exclusive physical possession correct incorrect

An intention to possess the land to the exclusion of all others, including the paper owner correct incorrect

An absence of consent by the paper owner correct incorrect

Driving out or ouster of the paper owner by the squatter correct incorrect

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In Pye v. Graham [2002] UKHL 30, it was held that the required degree of physical possession is shown by going into ordinary possession of the land.

True correct incorrect

False correct incorrect

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What is the correct legal definition of 'Animus possidendi'?

The intention, in one's own name and on one's own behalf, to exclude the world at large, including the owner with the paper title, so far as is reasonably practicable and so far as the processes of the law will allow. correct incorrect

The intention, in one's own name and on one's own behalf, to own the land, thus taking it away from the paper owner permanently. correct incorrect

The intention, in one's own name and on one's own behalf, to possess the land to the exclusion of all others, and to fight off actively any claim by the paper owner to the land. correct incorrect

The intention to use the land for as long as possible, in common with others. correct incorrect

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In which situations will the occupier be on the land with the consent of the paper owner? Please select all that apply.

The occupier is a tenant paying rent to the paper owner. correct incorrect

The occupier is a licensee under an express licence from the paper owner. correct incorrect

The occupier is a trustee of the land. correct incorrect

The occupier is a former tenant who has stopped paying rent. correct incorrect

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Which of the following actions by the paper owner before the limitation period has expired will stop it from continuing to run in the squatter's favour? Please select all that apply.

Bringing an action for possession of the land. correct incorrect

Sending a letter asserting ownership of the land. correct incorrect

Granting a licence to the squatter. correct incorrect

Visiting the squatter and asking him to leave. correct incorrect

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Match the statutory provision to the statement of the effect of adverse possession.

Extinguishes the paper owner's title

Land Registration Act 1925 s.75 Land Registration Act 2002 sch.6 Limitation Act 1980 s.17 Land Registration Act 2002 s.96

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Imposes a trust on the registered proprietor in favour of the squatter

Land Registration Act 1925 s.75 Limitation Act 1980 s.17 Land Registration Act 2002 sch.6 Land Registration Act 2002 s.96

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Provides that adverse possession alone does not bar the registered proprietor's title

Land Registration Act 2002 sch.6 Land Registration Act 1925 s.75 Land Registration Act 2002 s.96 Limitation Act 1980 s.17

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Provides the new rules relating to adverse possession of registered land

Limitation Act 1980 s.17 Land Registration Act 2002 sch.6 Land Registration Act 2002 s.96 Land Registration Act 1925 s.75

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Anne has a leasehold estate in unregistered land which has been adversely possessed by Richard. She has been told that she can surrender her estate to her landlord, Andy, and that he can then evict the squatter. Is this advice true or false?

True correct incorrect

False correct incorrect

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Sandra has a leasehold estate in registered land which was adversely possessed by Dave in 2002. The lease still has 20 years to run. Sandra has been told she can surrender the lease to her landlord, Pete, who can then evict Dave. Is this advice true or false?

True correct incorrect

False correct incorrect

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Eleanor has been in adverse possession of registered land for the last twelve years (ending on today's date). Will she have any defence to possession proceedings brought by Alice, the registered proprietor?

Yes, because she has now fulfilled the statutory limitation period under Limitation Act 1980. correct incorrect

Yes, because she has been in adverse possession for more than 10 years, which is all that is required under LRA 2002. correct incorrect

No, because there is no adverse possession of registered land under LRA 2002. correct incorrect

It depends. Eleanor will have no defence to a claim for possession unless she falls within the exceptions in LRA 2002 sch 6 para 5. correct incorrect

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LRA 2002 has made it more difficult for a squatter to adversely possess registered land.

True correct incorrect

False correct incorrect