Adverse Possession, 2nd Edition

Author: Stephen Jourdan; Oliver Radley-Gardner
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781847663726
Published In: February 2011
Format: Hardback , 800 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author

Details

"...this book is highly recommended. No firm or chambers practising in property law should be without this book. It is essential."

"Stephen Jourdan's...skills allied to great scholarship have created a book which is one of the outstanding property law texts." New Law Journal, June 2011

The most comprehensive and up-to-date guide to this contentious area of law

Adverse possession retains its central importance in the law of real property, and remains a heavily-litigated area of law. This timely new edition of Adverse Possessionnot only takes account of significant legislative changes but also includes important new cases at all levels and from a range of jurisdictions. As such it is an indispensable book not only for barristers and solicitors, but also judges and adjudicators needing a fast, clear and up to date reference source.

Detailed and comprehensive guidance

This authoritative book covers all aspects of the law and practice relating to adverse possession of registered and unregistered land. It deals with the general principles of law as well as their application in specific contexts, such as the interaction of adverse possession and illegality, and the operation of the law and procedures under

the Land Registration Act 2002.

This is the only dedicated book dealing with adverse possession that is currently in print. It provides a detailed treatment of the subject, referring to both English and Commonwealth authorities – both of which are discussed within the body of the text.

New edition – fully updated

The new edition of this highly regarded work is fully updated to take into account English and Commonwealth authorities on the subject, as well as incorporating the decisions of the Adjudicator to HM Land Registry. Updated features include:

A comprehensive explanation of the working of the Land Registration Act 2002, and the rules under that Act, incorporating reference to the latest decisions of the Land Registry Adjudicators
The latest Privy Council decisions on the subject from England and the Commonwealth, including cases such as Higgs vs Leshel [2009], and cases from Australia and Hong Kong
Consideration of significant cases from this jurisdiction, such as Ofulue vs Bossert and Alston & Sons vs BOCM Pauls Ltd
Consideration of the interaction between adverse possession and the law of commons, principles of illegality, encroachments by tenants, and other topical matters that are the subject of recent litigation

Clarification on contentious issues

Adverse Possession, Second Edition is intended to provide comprehensive coverage of the law, but also seeks to suggest practical solutions to problems which have not yet been the subject of decided cases. In addition to setting out the general principles, the book also structures the material to provide illustrations of adverse possession of particular kinds of land, and the effect that particular acts of a user have on a claim. Dedicated chapters set out the principles which regulate the relationship between adverse possession and leases, trusts, mortgages and other forms of property interest.

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 has been a member of Falcon Chambers since 1990; before that he was a solicitor. He specialises in all aspects of property and agricultural litigation, including professional negligence and pollution claims.

Oliver Radley-Gardner has been a member of Falcon Chambers since 2004.