Chapter 6 Scenario questions

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. Two queries on the relevant law applying to potential adverse possession claims have come to you. The first, from Shyla, involves unregistered and the potential limitation period was between 2004-2016. The second, from Sappho, involves registered land and the potential limitation period was between 14^th October 1993 and 15^th October 2003. What will the relevant law be for each enquiry?

The relevant law for Shyla's enquiry will be the Limitation Act 1980, and the relevant law for Sappho's enquiry will be the Limitation Act 1980 and Land Registration Act 1925 correct incorrect

The relevant law for Shyla's enquiry will be the Land Registration Act 2003, and the relevant law for Sappho's enquiry will also be the Land Registration Act 2002 correct incorrect

The relevant law for Shyla's enquiry will be the Limitation Act 1980, and the relevant law for Sappho's enquiry will be the Land Registration Act 2002 correct incorrect

The relevant law for Shyla's enquiry will be the Limitation Act 1980 and Land Registration Act 1925, and the relevant law for Sappho's enquiry will be the Land Registration Act 2002 correct incorrect

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. After advising Shyla and Sappho on the relevant law to their potential claims, they both now seek your advice on the relevant limitation periods required – how long they needed to have been in adverse possession. Shyla's potential claim involves unregistered land with the relevant limitation period ending in 2015, and Sappho's involves registered land with the relevant limitation period ending on 15^th October 2003. How long will Shyla and Sappho need to have been in occupation?

Shyla's limitation period will be 12 years, and Sappho's will be 10 years correct incorrect

Shyla's limitation period will be 30 years, and Sappho's will be 10 years correct incorrect

Shyla's limitation period will be 12 years, and Sappho's will be 12 years correct incorrect

Shyla's limitation period will be 10 years, and Sappho's will be 12 years correct incorrect

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. Amelia has been using a piece of her neighbour's land for 15 years, and wishes to know whether she has been in adverse possession of the land for the purposes of an adverse possession claim. She has been using the land to grow sunflowers, and she has also placed a small brick-built shed on the land and has put up some string around the land to act as a make-do fence. Does Amelia have sufficient physical possession of the land?

No - Amelia will not have sufficient possession of the land owing to the fence and shed correct incorrect

No - Amelia will not have sufficient possession of the land owing to the fence not being able to keep others off the land correct incorrect

Yes – Amelia will have sufficient possession of the land owing exclusively to the planting of the sunflowers correct incorrect

Yes – Amelia will have sufficient possession of the land owing to the fence and sunflowers correct incorrect

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. Slobodan was 17 when he realised that there was patch of land at the end of his street going unused. He therefore purchased a goat, and would let it graze on this patch of land, taking it home at the end of the day to let it sleep. Slobodan has done this for the last 15 years, and has never tried to stop anyone else from using the land, only doing something should they try and interfere with the goat. Will Slobodan has sufficient animus possidendi?

Yes – Slobodan's long use of land demonstrates his intention to control the land correct incorrect

No – because did not use a padlock, and this is key factor for evidencing a sufficient intention correct incorrect

No – Slobodan did not have an intention to exclude the world at large as he allowed anyone to use the land correct incorrect

Yes – the grazing of any animal evidences sufficient intention correct incorrect

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. Karim has been adversely possessing a piece of his neighbour's garden for the last 15 years. His neighbour has never commented on Karim's possession of the land. What must Karim do next to complete his adverse possession of the land?

Karim must apply to the Land Registry to be registered as the legal owner and will automatically become the new registered owner correct incorrect

Karim must apply to the Land Registry to be registered as the legal owner and wait and see if the neighbour objects to his application correct incorrect

Karim need undertake no further steps as the neighbour's title is extinguished correct incorrect

Karim must write to the neighbour asking them to send him the title deeds correct incorrect