* not completed

. Which key authority highlights the requirements necessary to establish adverse possession?

Sch 3 para 2 LRA 2002 correct incorrect

Buckinghamshire CC v Moran (1990) correct incorrect

Section 17 LA 1980 correct incorrect

Tulk v Moxhay (1848) correct incorrect

* not completed

. Which one of the following is NOT required to establish adverse possession?

The paper owner must have discontinued possession of the land or been dispossessed of it. correct incorrect

The adverse possessor must be in factual possession of the land. correct incorrect

Possession of the land must be unreasonable to the paper owner. correct incorrect

The adverse possessor must possess the land with the requisite intent to possess. correct incorrect

* not completed

. Which one of the following statements is TRUE?

Where a paper owner is not using his land, it will be assumed that he has discontinued possession of it. correct incorrect

To become dispossessed of land, the paper owner must have knowledge of the fact that he has been driven out of his land by another. correct incorrect

To be seen to be in factual possession of land, the adverse possessor must demonstrate he has reasonable use of the land. correct incorrect

The assessment of whether an adverse possessor has factual possession of the land will be influenced by the type, state and location of the land. correct incorrect

* not completed

. Which one of the following statements is FALSE?

Trivial acts by the adverse possessor can never be enough to show sufficient physical possession of the land required to establish factual possession. correct incorrect

Possession by the adverse possessor must be of the sort that the paper owner could discover with reasonable diligence. correct incorrect

The motivation behind the adverse possessor's acts on the land are not relevant in assessing whether there is factual possession. correct incorrect

Possession of the land should be exclusive to the person seeking to establish adverse possession. correct incorrect

* not completed

. Which one of the following statements is TRUE?

The assessment as to whether possession is adverse to the paper owner is based upon a subjective test. correct incorrect

Possession of the land must be hostile if it is to be seen as being adverse to the paper owner. correct incorrect

Possession can be found to be adverse even though it is not inconsistent with the paper owner's intended future use of the land. correct incorrect

Where the adverse possessor would be willing to pay rent to the paper owner in respect of his possession, such possession could not be adverse. correct incorrect

* not completed

. Which one of the following statements is TRUE?

The adverse possessor must be shown to have an intention to dispossess. correct incorrect

The adverse possessor must be shown to have an intention to own the land he claims to adversely possess. correct incorrect

The adverse possessor must be shown to have an intention to possess the land forever. correct incorrect

The adverse possessor must be shown to have an intention to possess the land for as long as he can for his own benefit. correct incorrect

* not completed

. Which one of the following statements is TRUE in respect of unregistered land?

The adverse possessor must establish a complete and unbroken period of 10 years adverse possession in order to extinguish the paper owner's title to the land. correct incorrect

The adverse possessor must establish a complete and unbroken period of 12 years adverse possession in order to extinguish the paper owner's title to the land. correct incorrect

The adverse possessor must establish 10 years adverse possession, whether complete and unbroken or made up by aggregating periods of adverse possession by others and completed by himself, in order to extinguish the paper owner's title to the land. correct incorrect

The adverse possessor must establish 12 years adverse possession, whether complete and unbroken or made up by aggregating periods of adverse possession by others and completed by himself, in order to extinguish the paper owner's title to the land. correct incorrect

* not completed

. Which one of the following statements is TRUE?

Whereas in unregistered land an appropriate period of adverse possession will extinguish the paper owner's title, in registered land an appropriate period of adverse possession will not automatically extinguish the paper owner's title. correct incorrect

The requirements which need to be satisfied to show that possession is adverse differ depending upon whether the land in question is registered or unregistered. correct incorrect

In registered land, the appropriate period of adverse possession need not immediately proceed the action taken by the adverse possessor. correct incorrect

Where a claim for adverse possession is made in respect of registered land, the land must have been registered throughout the entire period of the adverse possession upon which the claim is based. correct incorrect

* not completed

. Which one of the following is NOT a ground for ignoring an objection made to an adverse possession application to be registered as title holder?

It would be unconscionable because of an estoppel for the adverse possessor to be dispossessed. correct incorrect

There is some other reason as to why the adverse possessor should be registered as proprietor. correct incorrect

The interested party took more than a month after the application by the adverse possessor was made to submit his objection. correct incorrect

The land concerned involves a boundary dispute and the adverse possessor reasonably believed that for the preceding 10 years the disputed land belonged to him. correct incorrect

* not completed

. In which key case was consideration given as to whether the law of adverse possession is compatible with Art 1, Protocol 1 of the ECHR?

Re Ellenborough Park (1954) correct incorrect

Pye (JA) (Oxford) Ltd v Graham (2003) correct incorrect

Tulk v Moxhay (1848) correct incorrect

Buckinghamshire CC v Moran (1990) correct incorrect

* not completed

. James had a licence to use the field next to his house for keeping his livestock on. The licence expired in 2010 and despite asking for the licence to be renewed it was not. But James remained using the field for his livestock, renewing the fencing and installing gates on both sides of the fence, which he had locked to keep people out. In 2021 James received a letter demanding that he remove the locks and his livestock from the field as it is needed for development by the registered freeholder. Does James have any rights over the land?

James may have met the requirements of having factual possession and the intention to possess, from the facts we have. He can apply to be entered onto the register after ten years, so 2020 but it is likely that the freeholder will object and James will have to leave the field. correct incorrect

James may have met the requirements of having factual possession and the intention to possess, from the facts we have. He has not been in possession for twelve years so he has not met the requirements of s15 Limitation Act 1980 correct incorrect

James may have met the requirements of having factual possession and the intention to possess, from the facts we have. He can apply to be entered onto the register after ten years, so 2020 and he will not have to leave the field. correct incorrect

James is guilty of criminal trespass under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and cannot succeed in a claim for adverse possession. correct incorrect