Updated:

Land Possession Law in the UK Essay (Critical Writing)

Exclusively available on Available only on IvyPanda® Made by Human No AI

The concept of land possession has always been one of the central inquiries in UK law, as there are many controversies and interpretations of the term possession. Since the introduction of the Land Registration Act, individuals who explicitly demonstrate the use of land for ten years are qualified to claim their right to possess the said land (Land Registration Act 2002). For nearly twenty years, this law has been applicable across the UK, demonstrating that the formal ownership of the land with no intent to use it puts the landowner at a disadvantage. Currently, possession of law remains one of the fundamental legal concepts in the UK common law.

For centuries, the UK possession law relied on the premise of adverse possession. This notion stands for the process of one individual trespassing another person’s property with an intent to use the land. The legal process aims to ensure that the land claimed by an occupier is, in fact, being used. In case another person, known as the adverse possessor, has a clear intention to use the land and occupies it for more than ten years, there is a legal precedent for providing the occupier with legal possession rights. Such an inquiry is based on the provisions of the Limitation Act, which claims that breaches of a deed such as property passed are only actionable twelve years after the initial ratification (Limitation Act 1980). Hence, if the legal owner does not express any intent to use the land within twelve years of land possession, the active land occupier is eligible for the ownership.

One of the latest legal examples of an adverse possession case is Thorpe v Frank (Thorpe v Frank [2019] EWCA Civ 150). In this case, the plaintiff passed a motion that the defendant has no legal right to enclose a trespassing area of a semi-detached bungalow. The court held that the fact that prior to fencing the site, the defendant paved the land with a permanent surface was an explicit claim for land ownership and adverse possession. Hence, the motion was denied, and the defendant won the case and adverse possession of an adjacent territory. Such a claim was made on the basis of the Seddon v Smith case (Seddon v Smith (1877)36 LT 168). The results of the proceedings demonstrated that under UK law, the enclosure was one of the strongest pieces of evidence for adverse land possession.

Without demonstrating a solid intent of ownership, the adverse possessor cannot be eligible for ownership. Thus, in Powell v McFarlane, the judges ruled that using one’s land for farm keeping without enclosing the area, even when the utilisation exceeds twelve years, is not enough to claim adverse land possession (Powell v McFarlane (1977) 38 P & CR 452). Currently, the legislation on land possession has more limitations, providing the initial landowners with an opportunity to reclaim their rights for possession.

In conclusion, the legislation on land possession remains one of the central attributes of the UK common law, allowing the individual to trespass on the property of others in order to claim the use of the land. Initially introduced as an opportunity for UK citizens to utilise the land sustainably, adverse possession now raises ethical questions about the reliability of property law. To stabilize this issue, the Land Registration Act should include more clarifications on the matter of land enclosure.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2024, March 3). Land Possession Law in the UK. https://ivypanda.com/essays/land-possession-law-in-the-uk/

Work Cited

"Land Possession Law in the UK." IvyPanda, 3 Mar. 2024, ivypanda.com/essays/land-possession-law-in-the-uk/.

References

IvyPanda. (2024) 'Land Possession Law in the UK'. 3 March.

References

IvyPanda. 2024. "Land Possession Law in the UK." March 3, 2024. https://ivypanda.com/essays/land-possession-law-in-the-uk/.

1. IvyPanda. "Land Possession Law in the UK." March 3, 2024. https://ivypanda.com/essays/land-possession-law-in-the-uk/.


Bibliography


IvyPanda. "Land Possession Law in the UK." March 3, 2024. https://ivypanda.com/essays/land-possession-law-in-the-uk/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1