Adverse Possession … bite size

There are certain points which must be established before someone can claim to be in adverse possession of land or property.

Discontinuance (where the paper owner gives up possession) or dispossession (where a third party assumes possession). Dispossession is more common.

1. The required degree of exclusive physical possession (occupation or control) of the land.
2. An intention to possess the land to the exclusion of all others.
3. The absence of consent by the paper owner.

Key cases:

Powell v MacFarlane (1979) 38 P & CR 452

Pye v Graham [2002] UKHL 30