Home > Land Law

Question: Formative assessment (2)
Problem Question

Stavros and Freya each own land in a local village. Stavros originally ran a horticultural business from his property, Wellsummer Manor. Wellsummer Manor comprises a large house and surrounding fields. Freya owns the nearby farm, Freymeadow Farm, where she has enough space to keeps sheep and goats. The titles to Wellsummer Manor and Freymeadow Farms are unregistered.

Years ago, Freya bought a herd of buffalo. There was not enough room for the buffalo on Freymeadow Farm. Stavros allowed Freya to use his land so the buffalo could roam more freely. In 2003, Stavros and Freya entered into a year-long agreement to that effect, on the understanding that the agreement would be renewed. Stavros’s business began to suffer so he stopped trading and went backpacking around the world. As a result, the agreement between Stavros and Freya was never renewed but Freya continued using Stavros’s land. She even erected signs that say ‘Freya’s Buffalo Ranch’.

Earlier this year, Stavros returned from his travels, having run out of money. Stavros now realises that his land must now be worth substantially more than when he purchased it. He wishes to sell the land to release capital but Freya insists that she and her buffalo are entitled to stay put.

(a) Advise Freya.
(b) How, if at all, would your advice differ if the title to Wellsummer Manor were registered?

Answer: This problem question discusses the issue of adverse possession. This is a method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner.
The requirements necessary to establish adverse possession are highlighted in the case of Buckinghamshire CC v Moran [1990]. The first requirement states that the adverse possessor must be in factual possession of the land. This means the adverse possessor must demonstrate a sufficient degree of physical control over the land in question. This will vary depending upon, whether the possession takes place following the paper owner discontinuing his own possession or rather being dispossessed of his land. What is also required is evidence that the adverse possessor has been able to deal with the land as an occupying owner might be expected to deal with it and that no one e...(short extract)

To download the full answer, please Sign in or Register then make a payment or submit 3 of your essays.

  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 993
  • Date submitted: April 03, 2019
  • Date written: January, 2019
  • References: No
  • Document type: Essay*
  • Essay ID: 8636

New customer?

Registering is fast
and easy

Welcome back

Easy access

  1. Register with us
  2. Pay for instant access
  3. Or submit 3 essays
    of your own for
    FREE access

Browse

Adobe Reader is required to access all coursework & essays. (pdf)
PayPal handles payments on our behalf. All major credit cards and currencies accepted.

A PayPal account is not nessesary.