Land Issues Coursework Example
The adverse land possession doctrine in the law commission reports 271 gives the mandate, over an issue of land title for land that belongs to someone else but only under certain conditions. These conditions include; continuation of land possession or using the ground for a specified period when the owner is absent. Understanding that land is among the most considerable crucial resources and should be safeguarded by all means is one of the points which ground the doctrine. Nevertheless, the principle recognizes that a balance between a landowner and the squatters is essential in preventing deficiencies as well as maximizing the advantages. The law com 271 terms and commentary on land registration composed the land registration Act 2002. On the other hand, the Limitation Act outlined adverse land possession claims about the registered and unregistered land.
There was the need to put into place several acts in an area to support a claim which was based upon case law. Specific factors are considered in the acquisition of a title and the establishment of an application, whereby the claimer should demonstrate adequate intention to own the land through acts of use and maintenance,(Cooke, E. (2012). The claimer should also illustrate actual land possession without the consent of the owner and maintain these factors for a period 12 years and above. The applicant does not have to have adverse ownership of the land if it is indicated that they are the successor in the title. If the applicant is dislodged being in possession for ten years, it is still possible for them to apply, provided the court did not order the dispossession. However, the request must be made before the end of six months following the eviction in such a circumstance
Land Registration Act 1925
Both enrolled lands and unregistered are treated in a similar way as lands which are not yet enrolled, except a situation of property nondisclosure whereby, the desi...
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