Adverse Possession: Legal Advice on a Typical Problem-Based Scenario

In this assessment, you will be asked to complete a problem-based assessment, using the knowledge that you have gained from your reading and learning. This assessment will be based on the principles surrounding adverse possession Task You must provide a research file note detailing advice to a client on a typical problem based scenario that you may find in relation to adverse possession. Guidelines There is no word limit but there is a word guide of 2500 words.

You will not be penalised for exceeding this word guide but your ability to write clearly and concisely is important so do try and work as close to the word guide as you can. Please make sure that you correctly cite and reference all sources you use, and include a front sheet, table of cases, table of statutes and bibliography.

These will not be included in your final word count. Coursework Information You have been consulted by Jordan MacKay, who is the owner of a large field which is situated behind a row of terraced cottages known as Railway Cottages. The field is registered at HM Land Registry.

Jordan has been working abroad for the past 18 years and has flown back to England twice per year to see family. At least once per year, she drove past her field to see whether it was still in decent condition, which it was, and whilst her view was limited, she never noticed anything of concern. During one visit, 6 years ago, she spoke with Joe McGillveray, the owner of number 5 Railway Cottages, who gave her a letter asking if he could continue to park his prized campervan on her land. Jordan never replied to this letter. Jordan returned to the UK permanently this month (February 2022) and visited the field last week to carry out a thorough inspection.

1. Number 4 Railway Cottages is owned by Sheridan Cochrane. She has owned this property since 2012 and the garden of her property backs onto Jordan’s field. At the time she purchased the house Sheridan noticed that the field appeared to be unoccupied, so within 6 months she had erected a home office complete with electricity and a water supply on the section of Jordan’s field which was immediately behind her house and so could not been seen from the road. 2 months ago Sheridan submitted a claim for adverse possession of the land to HM Land Registry.

2. Joe McGillveray moved into 5 Railway Cottages in July 2010. Whilst he did nothing specifically with the section of Jordan’s land which his house backed on to, he did park his prized campervan on it in 2010. He then became aware that Jordan owned the land and gave her a letter asking if he could continue to park his campervan on her land. As he received no reply to this letter, he believed the land had been abandoned and has recently submitted a claim for adverse possession of the land to HM Land Registry. Jordan is furious that these applications have been made and has told you “It should not be possible to obtain legal title to land when the occupation of that land is a criminal offence”

With reference to relevant case law and statute, advise Jordan; ? Whether it is likely that the claims submitted by Sheridan and Joe will be successful and if so, on what grounds. ? Could Jordan do anything to defend the application and what would the outcome be for Jordan if the applications were successful.

As this is a research file note you are expected to explain exactly how you arrive at your conclusion – working through the legislation and relevant rules which apply to adverse possession.