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Adverse Possession - Discussion
Adverse Possession - Discussion
Adverse Possession - Discussion
- installed climbing frmae, goalposts, turf, dismantled the fence that was originally there? Factual
possession present.
- intention to possess… - BUKINHAMSHIRE … did they have the intention? The fenc e was to keep out the
children.. but other acts did have an intention
Possession adverse?
- ENF had made a public statement.. that they had consented to the acts carried out by sarah nd molly…
- BP PROPERTIES- unilateral act was allowed , but this was criticized… therefore most likely that
unilateral action will not be sufficient.
Prescribed time
- time of adverse possession not given therefore both LRA 1925 and LRA 2002 to be considered.
- registered land
- entitled to be registered
- if LRA 2002 applied ENF can take steps to evict… if not sarah and mooly have a right.
Dillon
- intention to possess…
Adverse possession
Time period
- come in to possession in 2007,
-evidence to say that S and M had abandoned their rights also evidence of dispossession by Dillon if so
he cant rely on the adverse possession..thereby dillo cannot claim under AP.
If this appears to be dispossession rather than abandonment = S and M has the ability to claim their
right against for Dillon; SZE , ASHER…
2015- ZA
- 3 requirements..
AISHA
Possession
- intention to possess- case law…issue, he had wrote to Todd- an acknowledgement of todds rights..
secondly she was granted a right until june 1999 – until the no intention to possess… however she
writes to todd and todd replies in 2003 she chooses to ignore this is when adverse possession starts..
- LRA 2002 -10 years, by 2013. However in 2006 Ellen attempted to dispossess.. aisha will have to intiate
ct action againt ellen; SZE TO CHUNG , if sh reclaim the rights from ellen she would have completed 10
years..
- application procedure….
B) limitation Act…