LAND LAW (Writer MUST HOLD LAW DEGREE and have experiance in making Essay

LAND LAW (Writer MUST HOLD LAW DEGREE and have experiance in making land law assignments) - Essay Example On further investigation the bank manager confirms that over the years the bank have even maintained this area of the car park for example gritting it in the bad weather and installing security cameras on the wall so that the cars are well protected. The bank manager informed Tracey that the bank employees were always in the car park before the supermarket shoppers, so the shoppers have never used this part of the car park. Tracey has also been informed by the bank manager that as far as he is concerned the land belongs to the bank and Safebury Plc was in no position to sell it to Tracey. With reference to relevant legal authority advise Tracey whether it is possible that the bank could have acquired the land through adverse possession. The land in question is unregistered. The issue in respect of the first part of the question requires an analysis on the law of adverse possession and its operation in respect of unregistered land. It has been said that the law on adverse possession i s pecuniary as it allows a trespasser to obtain a better title to land than the lawful owner of the property. The principle upon which the better claim is acquired is that of limitation of actions, meaning that the person who brings a claim in respect of the property becomes statute batted against the adverse possessor for recovery of possession. Thus, due to relativity of tile the adverse possessor because of him being in actual possession has the best claim in respect of the land. Under s.75 of the LRA 1925 a registered proprietor of an estate holds it on trust for the successful adverse possessor pending registration of him as the new proprietor. This can be seen from the case of Central London Commercial Estates Ltd. v. Kato Kogaku Ltd.1 whereby leasehold was held on trust for the squatter with the benefits as well as burdens of the leas being kept intact. In respect of unregistered land the limitation period has been held to be 12 years from the time of the squatter coming into adverse possession of the land. (s. 15 of the Limitation Act 1980). Therefore the moment of adverse possession the limitation period starts. In respect of LRA 2002, if an adverse possessor has not applied for registration his interest would constitute to be an overriding interest in respect of a new proprietor if the adverse possessor is in actual occupation of the land when the new proprietor applies for registration. Therefore if the person goes out of possession even though he has completed his period, there would be no right against the new proprietor. Under the LRA 2002 there is no limitation of actions and there is a right of registration granted to an adverse possessor after 10 years of adverse possession (Schedule 6 of the LRA 2002). There are certain exceptional circumstances and apart from that the true registered proprietor is provided with a period of two year to recover possession, otherwise the squatter can reapply and be registered as the new owner. The establishment of adverse possession is an important aspect which will not be considered. The law on this is the same that is for unregistered and registered land. The attempt to codification of this was attempted at in the Court of Appeal’s decision in Buckinghamshire CC v. Moran2. Therefore, what is required is