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Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Adverse possession; section 75(1) of the Land Registration Act 1925 (repealed 13 October 2003) J A Pye (Oxford) Ltd and Others v Graham and another [2002] is an English land law judgment from the final court of appeal at the time, the House of Lords , on adverse possession .
Provided the common law requirements of "possession" that was "adverse" were fulfilled, after 12 years, the owner would cease to be able to assert a claim. However, in the LRA 2002 adverse possession of registered land became much harder. The rules for unregistered land remained as before.
These rules are much more difficult to satisfy than the common law with regard to adverse possession, although it is now clear that all rules of adverse possession (in unregistered land, under the LRA 1925 and under the LRA 2002) are human rights compliant, see generally the judgment of the Grand Chamber of the European Court of Human Rights in ...
In dismissing Lambeth's appeal, Wilson J upheld Mr Ellis' claim for adverse possession, confirming it met all the requirements under the Limitation Act 1980 (as found by the recorder). He dismissed the council's claim that failing to respond to a community charge form amounted to estoppel by representation and thus had not continuously occupied ...
Nemo dat quod non habet, literally meaning "no one can give what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title.
Proprietary estoppel is one of four principal mechanisms to acquire rights over property, seen particularly in the case of land (the others being a contract, an implied trust, and adverse possession).
1. The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; especially the adding of one's own period of land possession to that of a prior possessor to establish continuous Adverse possession for the statutory period. 2.