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Words: | Submitted: Wed Apr 30 2003
... only make it more difficult to grant ownership rights to those who deserve them. Firstly, the current law on adverse possession will be examined looking at the conditions that must be met before a claim can succeed. Secondly, the Land Registration Bill's proposed scheme will be looked at to show how it will change the current law. Finally, the arguments for and against the new scheme will be discussed to show that seeking to marginalise adverse possession is "a good thing." For a claim to succeed in favour of the defendant there must be both absence of possession by the plaintiff and adverse possession by the defendant. In order for possession to be adverse there must be dispossession, the owner has been driven out of possession by another, or there must be discontinuance, the owner has abandoned possession. For a defendant to succeed he must firstly prove that he had both ...
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