Adverse possession

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Adverse possession content

Q&As
Adverse possessionA successful application for title by adverse possession will result in the squatter acquiring possessory title to land. In order to...
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Produced in partnership with Emma Preece of Charles Russell Speechlys 29th Apr
Practice notes
This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Claiming title by adverse possession under the Limitation Act 1980...
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19th Apr
Practice notes
This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...
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8th Apr
Practice notes
This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...
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8th Apr
Q&As
Planning obligations and local land chargesA planning obligation created by a section 106 agreement is a local land charge for the purposes of the...
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30th Mar
Practice notes
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
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12th Mar
Practice notes
This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...
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25th Feb
Precedents
I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a transfer dated [insert date] made between (1) [insert...
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12th Feb
Q&As
This Q&A covers the situation where there was no landlord and tenant relationship with the former occupiers of the property (ie that they were...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
Since the coming into force of the Land Registration Act 2002 (LRA 2002), the means by which title to land can be acquired by adverse possession...
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22nd Jan
Q&As
One of the primary remedies sought by a party wishing to assert ownership of a piece of land is declaratory relief. This is usually brought by way of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
On 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) made squatting in residential premises...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
How to claim adverse possession of unregistered landThe provisions of the Limitation Act 1980 continue to apply to the adverse possession of...
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22nd Jan
Q&As
If land is unregistered, L (a freeholder) grants T (tenant) a lease of that land and T is then dispossessed by S (squatter), the 12-year limitation...
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Produced in partnership with Desmond Kilcoyne 22nd Jan

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