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Adverse Possession Notes

This is a sample of our (approximately) 4 page long Adverse Possession notes, which we sell as part of the Irish Land Law Notes collection, a 2.2 package written at Trinity College Dublin in 2008 that contains (approximately) 51 pages of notes across 12 different documents.

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Adverse Possession Revision

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Outline

In the case of land, the expiry of the limitation period for the bringing of an action
will extinguish the owner's title to the land. JA Pye Oxford v England (EctHR) -

• extinguishment of title had been found incompatible by the court of human
rights

• the Grand Chamber found that social and economic conditions may afford a
reasonable basis for attributing greater weight to the fact of possession rather
than registration.

• The re­registration is not an act of expropriation but a codification of the
previous legal position.

• The legislation was well known to the applicant companies.

• The need for compensation following a limitation period would undermine the
purpose of the limitation Parliamentary Conveyance Theory

At one time it was thought that whatever estate had been enjoyed by the
dispossessed landowner was transferred to the squatter by the Statute.
Rankin v McMurtry - Theory accepted in Ireland. Holmes J suggested as an
alternative that the squatter should merely be regarded as holding anew the same
interest in the land as had been extinguished. Parliamentary Conveyance theory provided a tidy solution where the dispossessed
owner was a lessee - the squatter would become a lessee with all the covenants
intact and the dispossessed lessee was freed from those obligations Tichborne v Weir (CA) - parliamentary conveyance theory rejected. Squatters
could not be sued upon a covenant as the dispossessed lessee's title was destroyed
rather than transferred. Perry v Woodfarm Homes (SC)

• Parliamentary Conveyance Theory rejected, except in respect of registered
land.

• A squatter who has gained adverse possession against a lessee has obtained a
right of possession subject to the terms of the lease.

• This is because the lease continues to exist independently of the lessee's title
to it. Animus Possidendi

s.18 Statute of Limitations

• No right of action to recover land shall be deemed to accrue unless the land is
in the possession (in this section referred to as adverse possession) of some
person in whose favour the period of limitation can run.

• For the purposes of this section:­ A) possession of any land subject to a
rentcharge by a person (other than the person entitled to the rentcharge) who
does not pay the rentcharge shall be deemed to be in adverse possession shall
be deemed to be in adverse possession of the rentcharge, B) receipt of the
conventional rent under a lease by a person wrongfully claiming to be entitled
to the land in reversion immediately expectant on the determination of the
lease shall be deemed to be in adverse possession of the land. Leigh v Jack (CA)

• If the land is incapable of being used and enjoyed there cannot be
discontinuance of possession by an absence of its use and enjoyment

• A squatter must use the land in manner inconsistent with the owner's

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