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Words: | Submitted: Tue Jun 20 2006
... only accrued half of the requisite years himself. It is important to note here that in order for a successor to benefit from the previously gained years the person before them must also have been in adverse possession. In the scenario Tom has himself been in possession of the land by means of dispossession for the 12 years needed for unregistered land. However, if Lanchester Developers had threatened legal action earlier and Tom was to rely on Christine's occupation of the land his claim for adverse possession would not be successful. This is due to the fact that the use of land for storage does not amount to adverse possession3. Although the time limit with regards to adverse possession is set out by the Limitation Act, it is within common law that further requirements for adverse possession are established. The leading case that first identified these requirements is that of Buckingham County ...
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