Supervision 2 Work 2022

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Supervision 2 2022
Adverse possession
(a) Prior to LRA 2002 (remains important for general principles)
Limitation Act 1980
Powell v McFarlane (1977) 38 P & CR 452 
Pye v UK (2007) 46 EHRR 1083 – read summary
· What are the requirements of factual possession and the intention to possess?
· What is the rationale behind allowing acquisition of title to land by adverse possession?
· How does the concept of adverse possession demonstrate relativity of title?
(b) Under LRA 2002
Land Registration Act 2002, Part 9 and Schedule 6 LRA 2002.
Zarb v Parry [2011] EWCA Civ 1306
IAM Group v Chowdrey [2012] EWCA Civ 505
Baxter v Mannion [2011] EWCA Civ 120
R (Chief Land Registrar) v Best [2015] EWCA Civ 17
Milne, Mistaken belief and adverse possession - mistaken interpretation? IAM Group Plc v Chowdrey [2012] Conv 343
Land registry circular on the offence of squatting
There are a wide variety of notes written on the decision in R (Chief Land Registrar) v Best. 
· What impact does the LRA 2002 have on the concept of adverse possession and relativity of title?
· Is it possible to obtain land through adverse possession when committing a criminal offence?
· How is ‘mistake’ defined for the purposes of rectification of the register in relation to adverse possession? What is decided in Baxter v Mannion?