Adverse possession

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Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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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
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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9th Nov
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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9th Nov

Most recent Adverse possession content

Q&As
Is stamp duty land tax due when you acquire land by adverse possession?Stamp duty land tax (SDLT) is charged on chargeable land transactions under...
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13th May
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
Adverse possession is the term utilised where a person who has been in continuous possession and use of land belonging to another, without their...
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1st 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
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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10th 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
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
A tenant cannot obtain prescriptive rights against their landlord (see Simmons v Dobson). Depending on the facts when the lease was granted, it is...
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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
See the commentary fromExtent of title acquired: Halsbury's Laws of England (available on Lexis®Library) which provides, in relation to adverse...
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22nd Jan

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