Adverse Possession - Law, Practice & Lessons Learned

Introduction

This virtual classroom seminar will review the old and reformed legal routes to adverse possession, the court's approach to resolving boundary disputes and the impact such findings have on ownership claims.

It will include the practical lessons from recent case law, including the shocking ‘ambitious land grab’ in Benton and Others v Paes and Others [2023].

What You Will Learn

This live and interactive course will cover the following:

• How the Limitation Act 1980 remains relevant and when it can be used
• The operation of the Land Registration Act 2002
• A review of the key authorities, including:
• Unclear conveyances and extrinsic evidence: Simic v Gray CC [2021]
• Exclusive control: Lares v Lares [2020]
• Fallow periods and continuous possession: Haandrikman v Heslam [2021]
• Passageways and intention to possess: Amirtharaja v White [2021]
• Grazing and proprietary estoppel: Milton Keynes Council v Wilsher [2022]
• Accretion and encroachment: Cyntra Properties Ltd v Gillborn [2023]
• Property under licence: Healey v Fraine [2023]
• Exceptions under the 2002 Act (Sch.6 para.5) and reasonable belief of ownership: Dowse v Bradford [2020]
• Sufficiency of evidence: Calverley Village Day Nursery Ltd v Lynch [2022]
• Rational decision-making and credibility: Rowlands v Bishop [2023]
• Appeals and points not run at trial: White v Amirtharaja [2022]
• The ambitious land-grab in Benton and Others v Paes and Others [2023]
• Points of practice for the future

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.