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"The doctrine of adverse possession has no place in twenty-first century England and Wales, and it is a good thing that the Land Registration Bill seeks to marginalise it." Discuss.
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"The doctrine of adverse possession has no place in twenty-first century England and Wales, and it is a good thing that the Land Registration Bill seeks to marginalise it." Discuss. At present, there is widespread public concern and some judicial disquiet about the apparent ease with which it is possible to acquire title to land by adverse possession.1 Advance possession is possession that is inconsistent with the title of the true owner. This Common law doctrine allows a person who has long been in undisputed possession to be able to deal with the land as the owner if certain conditions are satisfied. These conditions include factual possession and requisite intention to possess (animus possidendi) for a time period of 12 years in order to bar the owner of the paper title from reclaiming the land. These conditions are thought by some to be fulfilled too easily. This essay will argue that...
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