Adverse possession coursework question
Power Plus, a national gas supplier, owns the registered freehold title to a plot of land next to Brooklands.
James owns the registered freehold title to Brooklands. Brooklands comprises a house in which James
lives, a garden and surrounding land. Power Plus had drawn up plans for the conversion of the land into a
large power plant but the project was put on hold because it lacked sufficient funding to proceed with it.
In 1988 Power Plus gave James a contractual licence allowing him to graze his pedigree flock of sheep on
a plot of the land. The plot is adjacent to the northern and eastern boundaries of James’s garden.
When James’s licence expired in 1991 Power Plus refused to give him a new licence. They told him they
were considering selling the land to a developer. As this did not immediately happen, James continued to
graze his sheep on their land. He also cut the thistles during the summer months to prevent them from
spreading to his garden and planted some vegetables in the plot. In 1992 he installed a small irrigation
system and also built a fence around the grazing area to stop the sheep from escaping on to the busy
main road. In 1995 he built a lambing shed on the land. Two years later he erected a ‘Keep Out’ sign to
deter sheep rustlers and installed a security camera.
Over the years James told several friends that he appreciated that he might not be able to continue to use
the land if Power Plus were to sell it. James had also mentioned that he would ‘willingly pay a token sum’
for the use of the land.
In August 2020 Power Plus received an offer to buy the land from Serene Homes plc. Power Plus has now
written to James asking him to clear the land and leave it immediately.
Last month James also received a letter from his other neighbour, Linda, the registered owner of the
freehold to Woodbine Cottage.
#James
#EnglishPropertyLaw
#LawOfTheUnitedKingdom
#Law
#LandRegistration
#RealPropertyLaw
#ScotsLaw
#ScotsPropertyLaw
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#James
#EnglishPropertyLaw
#LawOfTheUnitedKingdom
#Law
#LandRegistration
#RealPropertyLaw
#ScotsLaw
#ScotsPropertyLaw
#PropertyLaw
#AdversePossession
#JAPyeOxfordLtdVGraham
#LandRegistrationAct
#EllisVLambethLbc
1
Found Helpful
14 Pages
Essays / Projects
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