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Adverse Possession, 2nd Edition (Mainworks + 1st Supplement)

Adverse Possession, 2nd Edition (Mainworks + 1st Supplement)

Author: Stephen Jourdan; Oliver Radley-Gardner
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526531728

Previous Edition ISBN: 9781847663726
Published In: July 2017
Format: Hardback + Paperback , 823 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,575.00

HKD 3,467.75 Save HKD 107.25 (3%)

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Description
Contents
Author

Details

This is a pack containing Adverse Possession, Second Edition (9781847663726) and Adverse Possession: First Supplement to the Second Edition (9781784512538).

Adverse Possession, Second Edition:

The second edition of Adverse Possession takes account of legislation and case law including Land Registration Rules 2003, Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003 and Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003. This book uniquely deals with the subject in detail, providing a full treatise on the law, referring to both English and Commonwealth authorities. It also examines the various issues of principle and practice which arise including title, meaning and elements of possession, the running of time, estoppel and human rights considerations.

Adverse Possession: First Supplement to the Second Edition:

This first supplement will bring the second edition, which published in 2011, fully up to date.

This pack will prove invaluable to property and real estate practitioners, land law practitioners and those involved in adverse possession.

PART 1 INTRODUCTION Definitions and overview
Historical introduction and proposals for reform
Interpretation, policy and human rights
Title to land

PART 2 THE ELEMENTS OF ADVERSE POSSESSION
The significance of adverse possession, discontinuance and dispossession
The requirement that possession must be 'adverse' and continuous
The meaning of 'possession'
The factual element of possession
The mental element of possession - the intention to possess
The extent of possession: when possession of part of the surface will be treated as possession of whole
The extent of possession: mines and minerals
Possession of specific types of land
Whether specific uses of land constitute possession

PART 3 THE RUNNING OF TIME
How long must time run for?
What will stop time running?
Extension of time by acknowledgment or payment
Extension of time for disability
Extension of time for fraud, mistake or deliberate concealment

Estoppel PART 4 THE EFFECT OF TIME RUNNING
Unregistered title
Registered title - Part 1
Registered title - Part 2

PART 5 SPECIAL CASES
Easements, profits and other rights
Leases
Encroachments
Mortgages
Trusts
Beneficiary in possession to exclusion of trustee
Co-ownership
Successive interests
Issues following death
Rentcharges, annuities, tithes and advowsons
Boundaries
The sale of land
Licences and tenancies at will
Pleading points

Stephen Jourdan QC

Stephen Jourdan QC was a solicitor at Theodore Goddard from 1985-1989 when he became a barrister. He joined Falcon Chambers in 1990 and took silk in 2009. His practice covers all aspects of property and agricultural litigation, including insolvency, partnership, professional negligence, animal health and pollution claims, and acting as arbitrator and independent expert. He is a Deputy High Court Judge, a Civil Recorder, a judge of the Land Registration Division of the Property Chamber of the First-tier Tribunal, the author of “Adverse Possession”, now in its second edition, and the consultant editor for the title “Boundaries” in the latest edition of Halsbury's Laws.

Oliver Radley-Gardner QC

Oliver Radley-Gardner is a barrister at Falcon Chambers.