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Essay / Research Paper Abstract
This 8 page paper considers if, in today’s society there is justification for the doctrine of adverse possession to continue under UK law. The paper defines adverse possession and looks at both sides of the argument, including the perception of property theft, aspects of public interest and government policy. The bibliography cites 8 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEadvpos.rtf
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Unformatted sample text from the term paper:
in the news, it is seen by some as a method of gaining land by a different route than purchasing the title and gaining the documentation. We first need to
consider whatis meant by adverse possession. This is where one individual that has possession of a property under any title, and another claims to be the "rightful owner under a
different title, the possession of the former is said to be under adverse possession" (Ivamy, 2000;10). If the original owner does not assert their ownership, they may be barred form
this in the future. Under the Limitation Act where a rightful owner failed to assert their claim, usually within twelve years, ownership passes, this is seen in cases such as
Buckinghamshire CC v. Moran [1990] Ch 623 (Gravells, 1999). The barring of the title owner to take any a specified period of time to evict the occupant of the
land means that they are then denied any way of asserting their title over the land. For the means for the occupant of the land that they have a possession
that "becomes impregnable, giving him a title that is superior to all others" (Nourse LJ in Buckinghamshire CC v. Moran) (Gravells, 1999). In
effect it was assumed that where the scenario for adverse possession arouse the title owner had abandoned or dispossessed the land. This was seen as legalising the theft of land
where an owner did not exercise their rights. This was controversial. Whilst it may be argued that leaving property in a single place for a period of twelve years may
be interpreted by some as abandonment, this must be p[laced into context. Leaving a car on a street untaxed may be abandonment, whereas a dormant bank account is not forfeit
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