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Land Law essay questions

I'm writing up my answer to an example essay questions. I would just like some extra information if anyone would kindly like to offer me some. :smile:

The first question concerns adverse possession and the justifications for it. I've already discussed how someone could sell (unregistered) land to a purchaser without actually having legal title to the land. I have also discussed how a person may improve a piece of land they do not legally have title in, however, the process of adverse possession may be successful as they improved the land that the true owner was not using.
What other justifications are there for adverse possession?

Reply 1

Rawkuss

Justifications for adverse possession: The principle of limitation of actions and their rationale was stated in Sir Thomas Plumer MR in Marquis Cholmondeley v Lord Clinton (1820) 2 Jac & W 1; 37 ER 527, p 577 as being to avoid interminable legislation and uncertainty, ‘exposing parties to be harassed by stale demands, after the witnesses of the facts are dead, and the evidence of the title lost’. The hardship will be less on a person who has never possessed the land and slept upon his right, than on one who has long been allowed to consider it his own. Possible justifications for Adverse Possession 1. Holders of rights should not sleep on their rights 2. Problems of proof become more difficult the longer the period of time after the dispute arises 3. Allows passing of time to cure title defects and extinguishes stale claims, thereby reducing risks for purchasers 4. Encourages more efficient use of land

https://en-au.oxbridgenotes.com/revision_notes/law-monash-university-property-a/samples/possession-and-adverse-possession