Squatter’s intentions need not be hostile
The required mental element (animus possidendi) that goes into conduct amounting to adverse possession for the purpose of the Limitation Act 1980 has been exhaustively considered (and not before time) by the House of Lords in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30; [2002] 28 EG 129 (CS).
In what can be seen as a victory for seekers of possessory titles, it has now been made clear that the mental requirement is satisfied where the claimant, having, without consent, occupied and used the land as an owner would, simply intended to do just that. The intentions of the paper owner are irrelevant, as are such notions as the claimant may have had about his legal relationship with the paper owner.
However, as observed in passing by their lordships, and more fully noted by John Murdoch in
Squatter’s intentions need not be hostile
The required mental element (animus possidendi) that goes into conduct amounting to adverse possession for the purpose of the Limitation Act 1980 has been exhaustively considered (and not before time) by the House of Lords in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30; [2002] 28 EG 129 (CS).
In what can be seen as a victory for seekers of possessory titles, it has now been made clear that the mental requirement is satisfied where the claimant, having, without consent, occupied and used the land as an owner would, simply intended to do just that. The intentions of the paper owner are irrelevant, as are such notions as the claimant may have had about his legal relationship with the paper owner.
However, as observed in passing by their lordships, and more fully noted by John Murdoch in A knock-out in round three Estates Gazette 3 August 2002, p94, the fruits of this victory will not be enjoyed for long in cases where the title to the land in dispute has been registered. When the Land Registration Act 2002 is brought into force, the squatter will become the new registered proprietor only after due notice has been given to the existing proprietor and the latter has failed to take steps to protect his title.
