2016 ZB

Factual issue-whether the parties have any rights??

Legal issue- rights under adverse possession??

- explain what adverse possession is, brief introduction..

-v 3 requirements; possession, adverse, time.

- possession; factual and intention to possess.

- what is factual possession? Include few cases

Sarah and Molly

- installed climbing frmae, goalposts, turf, dismantled the fence that was originally there? Factual
possession present.

- intention to possess… - BUKINHAMSHIRE … did they have the intention? The fenc e was to keep out the
children.. but other acts did have an intention

Possession adverse?

- ENF had made a public statement.. that they had consented to the acts carried out by sarah nd molly…

- BP PROPERTIES- unilateral act was allowed , but this was criticized… therefore most likely that
unilateral action will not be sufficient.

Prescribed time

- time of adverse possession not given therefore both LRA 1925 and LRA 2002 to be considered.

- purchased the cottage in 1990, no clear indication as to when exactly AP commenced.

- registered land

- S 75 of the LRA 12 years satisfied by sarah and molly…

- entitled to be registered

- if not, LRA 2002- Application, Sch 6…

- if LRA 2002 applied ENF can take steps to evict… if not sarah and mooly have a right.

Dillon

- he has done certain acts, list the acts- factual possession

- intention to possess…

Adverse possession

- not acknoweledged anything.

Time period
- come in to possession in 2007,

- therefore LRA 2002

- if he rely on on his own AP 10 years under 2002 ACT not satisfied…

- the issue- can he rely on the AP held by Sarah and Molly?

-evidence to say that S and M had abandoned their rights also evidence of dispossession by Dillon if so
he cant rely on the adverse possession..thereby dillo cannot claim under AP.

If this appears to be dispossession rather than abandonment = S and M has the ability to claim their
right against for Dillon; SZE , ASHER…

B) rely on S15 and S17 Limitation Act 1980

2015- ZA
- 3 requirements..

AISHA

Possession

- factual possession, she has started a business.

- intention to possess- case law…issue, he had wrote to Todd- an acknowledgement of todds rights..
secondly she was granted a right until june 1999 – until the no intention to possess… however she
writes to todd and todd replies in 2003 she chooses to ignore this is when adverse possession starts..

- LRA 2002 -10 years, by 2013. However in 2006 Ellen attempted to dispossess.. aisha will have to intiate
ct action againt ellen; SZE TO CHUNG , if sh reclaim the rights from ellen she would have completed 10
years..

- application procedure….

B) limitation Act…