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Essay / Research Paper Abstract
A paper which looks at one of the most significant reforms proposed by the Law Commission’s consultative document 254 (1998), ‘Land Registration for the Twenty-first Century’ which states that the current law relating to adverse possession should be amended in order to better reflect the principles of registration of title, and should be restricted in its application to certain cases. Bibliography lists 3 sources.
Page Count:
5 pages (~225 words per page)
File: JL5_JLadposs.rtf
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Unformatted sample text from the term paper:
One of
the most significant reforms proposed by the Law Commissions consultative document 254 (1998), Land Registration for the Twenty-first Century states that the current law relating to adverse possession should be
amended in order to better reflect the principles of registration of title, and should be restricted in its application to certain cases; for example, where it is necessary in terms
of the marketable status of land or in order to prevent unfairness. Under these
new terms, there would only be three situations in which adverse possession would be permitted. It would be allowed if the proprietor was estopped as a result of conduct from
entering an objection to the registration, or if there was an independent right to the land, or in cases where the possessor believed, reasonably albeit mistakenly, that he had a
right to the land. The current situation, where the fact of possession for
the statutory period of twelve years is sufficient to confer rights of possession, would no longer obtain. The proposals are designed to encourage landowners to register titles, and to eliminate
the existing system where title can be based on either registration or on possession. There have been a number of objections to the proposals, many of which are based on
the principle of land use. Watkinson (2001) makes the point that
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