This document provides an overview of adverse possession laws in Sri Lanka. It discusses:
1. The key case of JA Pye v Graham which established the rules for adverse possession claims on registered and unregistered land.
2. The requirements to establish adverse possession, including physical possession of the land for the limitation period (12 years for unregistered land) and an intention to possess the land.
3. How the Land Registration Act of 2002 established a new procedure where an adverse possessor can apply to be registered as the proprietor of title after 10 years of possession.
This document discusses adverse possession, which refers to a situation where an individual who possesses property owned by someone else can become the legal owner if they meet certain occupancy requirements for the statutory period defined by law, usually 7 years or more. It notes that non-resident Indians often face issues of illegal possession and adverse possession of their properties due to prolonged absence. The document provides details on the requirements to claim adverse possession, such as continuous, hostile, actual, exclusive and open possession for the statutory period. It also discusses steps owners can take to prevent illegal possession of their properties and legal remedies available if possession has been lost.
The document summarizes key concepts in Philippine real estate law, including:
- Ownership rights include the right to possess, use, enjoy fruits, dispose of, and recover property. Limitations include those imposed by law, contract, taxation, and eminent domain.
- Land ownership extends to the subsurface and airspace. Hidden treasures found on one's land belong to the land owner, with exceptions if found on another's land.
- Ownership rights include rights of accession to property's produce and improvements. Generally, only Filipino citizens and corporations may acquire land, with some exceptions.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
This document provides an overview of key concepts in property law, including:
1) The main types of possessory interests in land such as present estates (fee simple, defeasible estates, life estates), concurrent estates (tenancy in common, joint tenancy, tenancy by the entirety), and future interests.
2) Important doctrines related to future interests including the rule against perpetuities, restraints on alienation, and destructibility of contingent remainders.
3) The rights and responsibilities of holders of present and future interests such as the law of waste which governs what changes can be made to the property.
Foreigner's guide to buying real estate in the philippinesgeann123
The document provides information on real estate ownership rules for non-citizens in the Philippines. It discusses that the Philippines constitution restricts non-citizen ownership of private lands, with some exceptions. It outlines ownership options like forming a Philippine corporation with the required citizenship makeup, using a trust with a Filipino trustee, leasing property, or buying under dual citizenship laws or hereditary succession. The document also discusses taxes, deeds, and the legal processes involved in property transactions.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
This document discusses adverse possession, which refers to a situation where an individual who possesses property owned by someone else can become the legal owner if they meet certain occupancy requirements for the statutory period defined by law, usually 7 years or more. It notes that non-resident Indians often face issues of illegal possession and adverse possession of their properties due to prolonged absence. The document provides details on the requirements to claim adverse possession, such as continuous, hostile, actual, exclusive and open possession for the statutory period. It also discusses steps owners can take to prevent illegal possession of their properties and legal remedies available if possession has been lost.
The document summarizes key concepts in Philippine real estate law, including:
- Ownership rights include the right to possess, use, enjoy fruits, dispose of, and recover property. Limitations include those imposed by law, contract, taxation, and eminent domain.
- Land ownership extends to the subsurface and airspace. Hidden treasures found on one's land belong to the land owner, with exceptions if found on another's land.
- Ownership rights include rights of accession to property's produce and improvements. Generally, only Filipino citizens and corporations may acquire land, with some exceptions.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
This document provides an overview of key concepts in property law, including:
1) The main types of possessory interests in land such as present estates (fee simple, defeasible estates, life estates), concurrent estates (tenancy in common, joint tenancy, tenancy by the entirety), and future interests.
2) Important doctrines related to future interests including the rule against perpetuities, restraints on alienation, and destructibility of contingent remainders.
3) The rights and responsibilities of holders of present and future interests such as the law of waste which governs what changes can be made to the property.
Foreigner's guide to buying real estate in the philippinesgeann123
The document provides information on real estate ownership rules for non-citizens in the Philippines. It discusses that the Philippines constitution restricts non-citizen ownership of private lands, with some exceptions. It outlines ownership options like forming a Philippine corporation with the required citizenship makeup, using a trust with a Filipino trustee, leasing property, or buying under dual citizenship laws or hereditary succession. The document also discusses taxes, deeds, and the legal processes involved in property transactions.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
Foreigner's guide to buying real estate in the Philippinesgeann123
- The Philippines restricts non-citizens from owning real estate, with some exceptions.
- Only Filipino citizens, corporations that are at least 60% owned by Filipinos, or trusts with Philippine trustees can acquire land.
- There are exceptions for property acquired before 1935, through hereditary succession, or if buying a condo unit (up to 40% interest).
- Special visas also allow some foreign ownership of condos and townhouses.
- It is important for foreigners to understand and follow the real estate rules to legally purchase property in the Philippines.
Over view of buying real estate in the philippines 1 14-15geann123
This document provides an overview of real estate ownership rules for non-citizens in the Philippines. It notes that only Filipino citizens, corporations with at least 60% Filipino ownership, or trusts with a Philippine trustee can generally own land. However, there are some exceptions, such as for former Filipino citizens, property acquired before 1935, or through hereditary succession. The document discusses options for non-citizens to invest in real estate, such as leasing, using a corporation or trust, and the benefits of each. It emphasizes the importance of understanding Philippine law and protecting interests when entering relationships or agreements with Filipinos.
The document discusses the Indian Easement Act of 1882 and provides definitions and examples of easements. It also discusses different types of easements, how they can be acquired or imposed, and factors that can lead to the suspension of an easement. Some key points include:
- An easement is a non-possessory right to use or enter onto another's land for beneficial use and enjoyment without possessing it, such as for access.
- Easements can be acquired through grant, necessity, or prescription over many years of open and continuous use.
- Types of easements include utility, private, prescriptive, and public easements.
- An easement can be suspended if both parties
The document provides an overview of topics to be covered in a Professional Practice lecture plan, including valuation, types of leases, dilapidation, repairs, easements, land acquisition, rent control, and fire insurance. Key points include:
1) Easements are rights over another's land that allow the use or enjoyment of one's own land, such as rights of way. They have dominant and servient lands.
2) They can be acquired by grant, necessity, or prescription of continuous use for 20 years. Ancient lights protect long-standing windows from new obstructions.
3) The Land Acquisition Act allows compulsory land acquisition for public purposes, with compensation at market rate plus 30
This document discusses the various modes of acquisition of easements under Indian law. It defines an easement and outlines the key elements. Easements can be acquired through grant, prescription after 20 years of peaceful use, operation of law, necessity upon severance of property, prior quasi-easements, customary use, or court decision. The types of easements include appurtenant easements that run with the land and easements in gross for personal use. Easements can also be transferred with the dominant land automatically unless stated otherwise.
This document contains notes on various topics relating to land law in Malaysia. Topic 1 discusses general concepts of land ownership, with the key points being that in Islam, Allah is the absolute owner of land and humans are trustees, and private land ownership is recognized but not absolute. Topic 2 examines land ownership in Islam in more depth, noting that private ownership is conditional on utilizing the land. Methods of acquiring land discussed are iqta' and ihya al mawat.
Topic 3 covers the Malaysian Torrens system. It provides historical background on the Malay customary tenure system and the influence of Islamic law. It then discusses the deeds system introduced by the British in the Straits Settlements and the Torrens system introduced in the
The document discusses issues related to land and small house development in country park enclaves. It provides background on the small house policy and its intended purpose of allowing indigenous villagers to build small houses for themselves. However, it notes that in many enclaves, developers have bought large tracts of private land from indigenous villagers through illegal schemes that misrepresent the true ownership and beneficial interests. It examines several case studies and raises concerns about whether small house development actually benefits indigenous villagers or is being used to facilitate larger commercial developments in contravention of the original policy aims.
The document defines and discusses different types of easements and licenses related to land ownership. It covers:
1) An easement is a right to use another's land for a specific purpose. Easements can be continuous or discontinuous, apparent or non-apparent.
2) An easement can be extinguished, or ended, in several ways, including by release or revocation by the landowner, expiration of time limits, or non-use for 20 years.
3) A license is permission to do something that would otherwise be unlawful, but does not transfer ownership rights. Licenses can be revoked by the grantor unless work was done or expenses incurred in reliance on the license.
The Transfer of Property Act governs voluntary transfers of immovable property between living persons in India. It defines transfer of property as an act by which a person conveys property to one or more other persons. The Act applies only to immovable properties like land and buildings, while movable properties are governed by the Sale of Goods Act. It lays out rules for who is competent to transfer property and the types of voluntary property transfers between parties, such as sale, mortgage, gift, or exchange. The key objectives of the Act are to regulate such voluntary transfers of immovable property and complete the code of contract law for real estate transactions.
A basic guide to property law. Since this is based on common law and applies to the law of the land - please check your state property statutes for modern codes. This is intended for law students and builds a foundation for the law of property law - each states laws vary. Thank you!
Here are the key points about easements:
- An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It allows access to property or resources.
- Examples of easements include rights of way, access to fishing ponds or beaches across private land.
- An easement is considered a property right at common law and treated as such in most jurisdictions.
- An easement can be imposed by anyone who can transfer their interest in the land, such as a leaseholder or life tenant.
- An easement can be acquired by the owner of the land benefited by the easement, or someone in possession of that land.
This document contains lecture notes and materials for a foundation law course. It discusses key concepts in land law including different types of property ownership like freehold and leasehold tenure. Freehold provides absolute ownership while leasehold provides possession for a set term of years. It also covers joint ownership structures like joint tenancy and tenancy in common. The document announces a change in class schedule due to the lecturer going on leave and reminds students of an upcoming summative assignment deadline.
This document defines and outlines the law relating to easements and licenses in India according to the Indian Easements Act of 1882. Some key points:
- An easement is defined as a right to use another's land for one's own beneficial use or to prevent certain uses of the other's land. The land benefited is called the dominant heritage and burdened land is called the servient heritage.
- Easements can be continuous or discontinuous, apparent or non-apparent. They can also be permanent or temporary.
- Easements restrict the rights of landowners like exclusive enjoyment and natural advantages of land situations.
- Easements can be imposed, acquired, and transferred
Application and relevance of rule against perpetuityAmira Singh
The document discusses the rule against perpetuity under Section 14 of the Transfer of Property Act 1882 in India. It defines perpetuity as an indefinite period and explains that the rule prohibits the creation of future remote property interests that may vest after the lifetime of the last preceding interest holder or beyond the minority of the ultimate beneficiary. The objective of the rule is to prevent property from being tied up indefinitely and ensure the free and active circulation of property for trade, commerce, and societal benefit. The document outlines exceptions to the rule such as transfers for public benefit, covenants of redemption, personal agreements, pre-emption, perpetual leases, and mortgages. It concludes that the rule against perpetuity aims to prevent
The document defines key concepts from India's Transfer of Property Act of 1882, including defining property and its types (movable and immovable). It explains what makes a document attested and registered under the Act, and defines an actionable claim.
The defenses to the tort of trespass include title and possession of the property, easements, statutes of limitations, and estoppel. Trespass to land involves unlawful intrusion onto another's land. A person in actual possession can sue trespassers. Trespass can involve wrongful entry onto land, placing things on land, intrusion into airspace above land, or remaining on land after permission has been revoked. Continuing trespass occurs when the effects of the original trespass remain ongoing. Mistake is not a defense to trespass.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
PRESENTATION USED FOR PGPSE PARTICIPANTS OF AFTERSCHOOOL. JOIN AFTERSCHOOOL - IT IS THE BEST WAY TO BECOME AN ENTREPRENEUR AND WORK FOR SOCIAL DEVELOPMENT
This document provides an overview of land law and property concepts. It defines property, discussing how laypersons view it differently than lawyers. It also explains different types of property systems, including private ownership, communal ownership, state ownership, and open access. Key concepts discussed include property as a bundle of rights, different justifications for private property from economic perspectives, and theories of property rights such as labor theory and social contract theory.
1. Accretion is the process by which soil is gradually deposited along river banks, increasing the land area. For accretion to occur, the deposit must be gradual and imperceptible and caused by the river current. The owner of the adjacent land gains ownership of the accreted land.
2. Avulsion is the sudden removal of land by water. If the detached land remains identifiable, ownership is not changed. The owner must remove the land within 2 years.
3. Under the Torrens system, titles are presumed valid and indefeasible against claims not annotated on the title. However, ownership can still be disputed and registration does not necessarily prove ownership.
Foreigner's guide to buying real estate in the Philippinesgeann123
- The Philippines restricts non-citizens from owning real estate, with some exceptions.
- Only Filipino citizens, corporations that are at least 60% owned by Filipinos, or trusts with Philippine trustees can acquire land.
- There are exceptions for property acquired before 1935, through hereditary succession, or if buying a condo unit (up to 40% interest).
- Special visas also allow some foreign ownership of condos and townhouses.
- It is important for foreigners to understand and follow the real estate rules to legally purchase property in the Philippines.
Over view of buying real estate in the philippines 1 14-15geann123
This document provides an overview of real estate ownership rules for non-citizens in the Philippines. It notes that only Filipino citizens, corporations with at least 60% Filipino ownership, or trusts with a Philippine trustee can generally own land. However, there are some exceptions, such as for former Filipino citizens, property acquired before 1935, or through hereditary succession. The document discusses options for non-citizens to invest in real estate, such as leasing, using a corporation or trust, and the benefits of each. It emphasizes the importance of understanding Philippine law and protecting interests when entering relationships or agreements with Filipinos.
The document discusses the Indian Easement Act of 1882 and provides definitions and examples of easements. It also discusses different types of easements, how they can be acquired or imposed, and factors that can lead to the suspension of an easement. Some key points include:
- An easement is a non-possessory right to use or enter onto another's land for beneficial use and enjoyment without possessing it, such as for access.
- Easements can be acquired through grant, necessity, or prescription over many years of open and continuous use.
- Types of easements include utility, private, prescriptive, and public easements.
- An easement can be suspended if both parties
The document provides an overview of topics to be covered in a Professional Practice lecture plan, including valuation, types of leases, dilapidation, repairs, easements, land acquisition, rent control, and fire insurance. Key points include:
1) Easements are rights over another's land that allow the use or enjoyment of one's own land, such as rights of way. They have dominant and servient lands.
2) They can be acquired by grant, necessity, or prescription of continuous use for 20 years. Ancient lights protect long-standing windows from new obstructions.
3) The Land Acquisition Act allows compulsory land acquisition for public purposes, with compensation at market rate plus 30
This document discusses the various modes of acquisition of easements under Indian law. It defines an easement and outlines the key elements. Easements can be acquired through grant, prescription after 20 years of peaceful use, operation of law, necessity upon severance of property, prior quasi-easements, customary use, or court decision. The types of easements include appurtenant easements that run with the land and easements in gross for personal use. Easements can also be transferred with the dominant land automatically unless stated otherwise.
This document contains notes on various topics relating to land law in Malaysia. Topic 1 discusses general concepts of land ownership, with the key points being that in Islam, Allah is the absolute owner of land and humans are trustees, and private land ownership is recognized but not absolute. Topic 2 examines land ownership in Islam in more depth, noting that private ownership is conditional on utilizing the land. Methods of acquiring land discussed are iqta' and ihya al mawat.
Topic 3 covers the Malaysian Torrens system. It provides historical background on the Malay customary tenure system and the influence of Islamic law. It then discusses the deeds system introduced by the British in the Straits Settlements and the Torrens system introduced in the
The document discusses issues related to land and small house development in country park enclaves. It provides background on the small house policy and its intended purpose of allowing indigenous villagers to build small houses for themselves. However, it notes that in many enclaves, developers have bought large tracts of private land from indigenous villagers through illegal schemes that misrepresent the true ownership and beneficial interests. It examines several case studies and raises concerns about whether small house development actually benefits indigenous villagers or is being used to facilitate larger commercial developments in contravention of the original policy aims.
The document defines and discusses different types of easements and licenses related to land ownership. It covers:
1) An easement is a right to use another's land for a specific purpose. Easements can be continuous or discontinuous, apparent or non-apparent.
2) An easement can be extinguished, or ended, in several ways, including by release or revocation by the landowner, expiration of time limits, or non-use for 20 years.
3) A license is permission to do something that would otherwise be unlawful, but does not transfer ownership rights. Licenses can be revoked by the grantor unless work was done or expenses incurred in reliance on the license.
The Transfer of Property Act governs voluntary transfers of immovable property between living persons in India. It defines transfer of property as an act by which a person conveys property to one or more other persons. The Act applies only to immovable properties like land and buildings, while movable properties are governed by the Sale of Goods Act. It lays out rules for who is competent to transfer property and the types of voluntary property transfers between parties, such as sale, mortgage, gift, or exchange. The key objectives of the Act are to regulate such voluntary transfers of immovable property and complete the code of contract law for real estate transactions.
A basic guide to property law. Since this is based on common law and applies to the law of the land - please check your state property statutes for modern codes. This is intended for law students and builds a foundation for the law of property law - each states laws vary. Thank you!
Here are the key points about easements:
- An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It allows access to property or resources.
- Examples of easements include rights of way, access to fishing ponds or beaches across private land.
- An easement is considered a property right at common law and treated as such in most jurisdictions.
- An easement can be imposed by anyone who can transfer their interest in the land, such as a leaseholder or life tenant.
- An easement can be acquired by the owner of the land benefited by the easement, or someone in possession of that land.
This document contains lecture notes and materials for a foundation law course. It discusses key concepts in land law including different types of property ownership like freehold and leasehold tenure. Freehold provides absolute ownership while leasehold provides possession for a set term of years. It also covers joint ownership structures like joint tenancy and tenancy in common. The document announces a change in class schedule due to the lecturer going on leave and reminds students of an upcoming summative assignment deadline.
This document defines and outlines the law relating to easements and licenses in India according to the Indian Easements Act of 1882. Some key points:
- An easement is defined as a right to use another's land for one's own beneficial use or to prevent certain uses of the other's land. The land benefited is called the dominant heritage and burdened land is called the servient heritage.
- Easements can be continuous or discontinuous, apparent or non-apparent. They can also be permanent or temporary.
- Easements restrict the rights of landowners like exclusive enjoyment and natural advantages of land situations.
- Easements can be imposed, acquired, and transferred
Application and relevance of rule against perpetuityAmira Singh
The document discusses the rule against perpetuity under Section 14 of the Transfer of Property Act 1882 in India. It defines perpetuity as an indefinite period and explains that the rule prohibits the creation of future remote property interests that may vest after the lifetime of the last preceding interest holder or beyond the minority of the ultimate beneficiary. The objective of the rule is to prevent property from being tied up indefinitely and ensure the free and active circulation of property for trade, commerce, and societal benefit. The document outlines exceptions to the rule such as transfers for public benefit, covenants of redemption, personal agreements, pre-emption, perpetual leases, and mortgages. It concludes that the rule against perpetuity aims to prevent
The document defines key concepts from India's Transfer of Property Act of 1882, including defining property and its types (movable and immovable). It explains what makes a document attested and registered under the Act, and defines an actionable claim.
The defenses to the tort of trespass include title and possession of the property, easements, statutes of limitations, and estoppel. Trespass to land involves unlawful intrusion onto another's land. A person in actual possession can sue trespassers. Trespass can involve wrongful entry onto land, placing things on land, intrusion into airspace above land, or remaining on land after permission has been revoked. Continuing trespass occurs when the effects of the original trespass remain ongoing. Mistake is not a defense to trespass.
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
PRESENTATION USED FOR PGPSE PARTICIPANTS OF AFTERSCHOOOL. JOIN AFTERSCHOOOL - IT IS THE BEST WAY TO BECOME AN ENTREPRENEUR AND WORK FOR SOCIAL DEVELOPMENT
This document provides an overview of land law and property concepts. It defines property, discussing how laypersons view it differently than lawyers. It also explains different types of property systems, including private ownership, communal ownership, state ownership, and open access. Key concepts discussed include property as a bundle of rights, different justifications for private property from economic perspectives, and theories of property rights such as labor theory and social contract theory.
1. Accretion is the process by which soil is gradually deposited along river banks, increasing the land area. For accretion to occur, the deposit must be gradual and imperceptible and caused by the river current. The owner of the adjacent land gains ownership of the accreted land.
2. Avulsion is the sudden removal of land by water. If the detached land remains identifiable, ownership is not changed. The owner must remove the land within 2 years.
3. Under the Torrens system, titles are presumed valid and indefeasible against claims not annotated on the title. However, ownership can still be disputed and registration does not necessarily prove ownership.
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
This document discusses land titles and registration in the Philippines. It defines key terms like land title, land registration, and certificate of title. It describes the different systems of land registration in the country as well as the laws governing land registration. It explains the purpose of land registration and distinguishes between original and subsequent registration. The effects of registration and the nature of land registration proceedings are summarized. The document also discusses acquiring title through public grant, reclamation, and acquisitive prescription. It explains the Regalian doctrine on state ownership of public lands.
final notes civil code bar q's (AutoRecovered).pdfChrisselTabasa4
The document discusses various topics in civil law, including:
1. The elements required to claim damages from a quasi-delict or negligent act.
2. The process for obtaining a judicial declaration of presumptive death to allow remarriage.
3. Parental authority over illegitimate children.
4. Recognition of foreign divorce decrees in the Philippines.
5. Various rules regarding donations, property regimes, ownership rights, and other civil law matters.
Adverse possession occurs when a trespasser possesses land for a statutory period without the landowner taking action to remove them. Under the Limitation Act 1980, unregistered land can be acquired through adverse possession after 12 years. For registered land, the 2002 regime requires the squatter to possess for 10 years before applying to be registered as the owner. If the original owner does not respond within 65 days and the squatter can show possession was not by consent, the squatter will gain legal ownership of the land. The key requirements for adverse possession are actual possession, intention to possess, and the statutory time period.
This document contains 37 multiple choice questions from a real estate study exam covering topics like property definitions, types of estates, deeds, liens, financing, and other real estate concepts. The questions test understanding of key terms and how specific real estate situations should be classified. Sample questions cover defining a fee simple estate, classifying different types of deeds, identifying parties in a deed of trust, and requirements for notices and procedures related to foreclosure.
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
The document discusses specific performance as a remedy in contract law. It begins by explaining that specific performance is a discretionary remedy granted by courts, taking all circumstances into account. It then discusses the meaning and characteristics of specific performance, including that it is an order compelling performance of contractual obligations. The document outlines when specific performance is available, such as for unique goods or where damages are difficult to calculate. It also discusses defenses to specific performance and grounds for refusing it, such as where compensation is adequate or the contract terms are uncertain.
1) In India, forcible possession of property is illegal and the owner must recover possession through legal means.
2) Under Section 6 of the Specific Relief Act, a person dispossessed of immovable property without consent and not through due process of law can file a suit to recover possession within 6 months of dispossession.
3) For a suit under Section 6, the plaintiff must prove settled possession and unlawful dispossession. Settled possession requires intention to use the property and intention to exclude others from it.
The Transfer of Property Act, 1882 deals with a) various specific transfers relating to immovable property. b) general principles relating to the transfer of movables and immovable property. Chapter II of The Transfer of Property Act, 1882 deals with both movable and immovable property. Section 58 to 104 of the Transfer of Property Act, 1882 deals with mortgages and charges.
Baker & McKenzie's Doing Business in Poland - Chapter 7 (Property Law)Baker & McKenzie Poland
This document summarizes Polish property law and real estate transactions. It discusses various types of property titles including ownership, perpetual usufruct, limited property rights, and rights arising from obligations. It also describes key concepts like leaseholds, tenancies, registration of property titles, rights of first refusal, and restrictions on foreign purchases of real estate, especially agricultural land.
This document summarizes key concepts in real property and environmental law. It discusses different types of property interests like fee simple, life estates, easements, and profits. It also covers how ownership can be transferred through deeds, wills, adverse possession, and eminent domain. The document outlines landlord-tenant relationships, including rights and duties of landlords and tenants. It briefly discusses environmental law and how it is regulated at both the state and federal level, including through statutes like NEPA.
- The document discusses the rules regarding the sale, mortgage, or encumbrance of a decedent's estate under Philippine probate law.
- It states that court approval is required for any disposition of property under administration, and failure to provide notice to interested parties makes any such transaction void.
- It also addresses a specific case where an administratrix sold estate property without court authorization, which the Supreme Court upheld the probate court's power to annul as a null and void transaction.
Similar to Land law adverse possession (law tute47) (20)
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
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1. Module 168AP:
LAND LAW ADVERSE POSSESSION
Udara Soysa, Attorney-at-Law, BA(Hons), LLB(Hons), PGDHR, MPA(Colombo)
E-mail: udara2004@gmail.com
Adverse Possession The opportunity to acquire a better title to land than the person who
"legally" owns it and to whom it was once formally conveyed with all
of the solemnity of a deed or registered disposition - Hounslow v
Michinton
Land Registration Act 2002 Establishes a new regime for AP for registered land - registered land
compromises of 85% of all titles
J A Pye v Graham Laid out the rules that establish when a claim of AP might succeed
factually and apply equally registered and unregistered title
If alleged adverse possessor once occupied the land with the
permission of the paper owner, any continued possession after that
permission has ended (lease or license has ended but the claimant
stays in possession) may be sufficient to support a claim of AP if the
intention to possess is shown
How is AP Established?/ Rules and principles can be see in the J A Pye case
When will possession of a
trespasser be sufficient to Along with the decision of Buckinghamshire CC v Moran, it shows that
establish a claim? AP can be established by demonstrating the required degree of
exclusive physical possession of the and, coupled with an intention to
possess the land to exclusion of all others, including the paper owner
with the intention to possess
It is important that person intends to possess the land and put it to his
own use, whether or not he also knows that some other persons had a
claim or right to the land
Claimant is not required to prove that he believed that the land was
his, or wanted to acquire it, but that he meant to exclude all others if
he could - CRUCIAL
Focus of intention is on the claimant, not the land owner -
landowner's state of mind is irrelevant
2. Clowes Development v Walters Claimant's mistaken belief was that land was held under a
license
This means that they simply could not have the relevant
intention to possess- you cannot intend to treat the land as
within your ultimate control if you believe that you are
permitted to be there by the owner
Buckinghamshire CC v Moran Establishes that the actions of the AP is seeking to assert
physical possession of the land also may give to a strong
indication as to whether the necessary intention exists
Physical possession and intention are part and parcel of the
same inquiry: that is, has the claimant established AP?
Enclosing land by a fence may constitute both act of possession
and demonstrate the intention to possess AP?
Changing locks - Blackburn
Grazing animals within enclosed field - Graham
Burden of proving the intention may be lighter in case in which
the true owner has, to the knowledge of the AP, abandoned the
land - Michinton
Hence, unequivocal conduct in relation to acts of possession on
the land is the best evidence of an intention to possess
Physical Possession of the Land As well as demonstrating the intention to possess the land, the
AP must also demonstrate a physical assumption for
possession
One must assess if the squatter has disposed the paper owner
by going into ordinary possession of the land for the requisite
period without the consent of the owner
Factual Possession Powell v MacFarlane - sufficient degree of physical custody and
control for one's own use
Slade J: Taking possession might reside in a series of events, or
some one off activity that is maintained thereafter.
3. It is not necessary for the paper owner to be aware that they
have lost possession, or for the paper owner to be
inconvenienced by the acts of possession
Small acts of custody and control might suffice if the land has
not been abandoned, is inaccessible by the paper owner or is
of such quality that it does not readily admit of the sufficient
possessory acts
Purbick v Hackney Successful adverse possessor cleared a derelict shed, erected a
new roof and fitted a makeshift door and a fixed chain. He
could have done more to secure possession, but he had done
enough in all circumstances.
Neither does it matter that the acts of possession serve a dual
purpose, so long as they give custody and control to the
claimant for his own benefit
Hounslow v Minchinton succesful adverse possessor had fenced off part of the
claimant's land, apparently to prevent the escape of her dogs,
which she exercised on the land.
Counsel for the paper owner submitted that the enclosure was
not designed to exclude the world, but to confine animals, and
therefore is not AP
Court took the view that it was the effect of the adverse
possessor's actions that were important, not the intention in
which they were done
Effect of the fence was to keep out the world as well as keep in
the dogs, it amounted to physical possession
In terms of acquiring custody and control for his own use, it is
the whole of his activity on the land that is relevant - the
individual activities may seem equivocal or trivial, but if taken
together they paint a picture of a person in control of the land,
they will amount to possession
AP in Unregistered Land Ability of the adverse possessor to acquire a better title to the
unregistered land than the paper owner is based on the
principle of limitation of actions - limitation of actions
4. expresses the idea that a person must sue for an alleged wrong
within a specified period of time from the moment the alleged
wrong took place in the context of AP of their land after the
period of limitation has passed
Unregistered land has no exact paper owner
Against an AP, the "paper owner" has no means of recovering
the land, so the adverse possessor has acquired a better title to
the land
AP operates negatively: prevents an estate owner from suing
on his rights and operates to extinguish his title
AP does not actually give a title to the adverse possessor but
by the doctrine of relativity of title, the person now in actual
possession may have the best claim to the land, and may
therefore become the "owner" of it to all intents and purposes
Limitation Period of Unregistered Few General Rules:
Land 1. 12 years from the moment of adverse possession of
unregistered title by the adverse possessor (s15 of the
Limitation Act 1980) - Governed by LRA 2002
2. Where the paper owner of the land is the "sole" charitable
corporation such as a bishop, the period of limitation is 30
years from the moment of adverse possession (Schedule 1,
Paragraph 11 of the Limitation Act 1980)
3. Where the paper owner of the and is the crown, the period
of limitation is 30 years from the moment of adverse
possession (Schedule , Paragraph 11 of the Limitation Act
1980)
4. If the land is owned by someone for life, with remainder in
fee simple to another person, then the limitation period is
either adverse possession of 6 years form the date at which the
interest in the remainder falls into possession (death of life
tenant), if 12 years or more already have been completed
against the life tenant was disposed, whichever is the longer
(S15 of the Limitation Act 1980)
Example: if land is held by A for life, remainder to b, AP for 12
years or more would extinguish A's interest and a further 6
years would be necessary on the death of A to also extinguish
B's interest
5. 5. If current paper owner is a tenant of the land under a lease,
the period of limitation against the tenant is 12 years.
Expiry of the period will therefore, extinguish the tenant's title
against the adverse possessor
However, extinguishment of tenant's title has no immediate
effect on the title of the reversioner (freehold landlord)
because until the end of the lease, the landlord has no right to
possess the land at all
Hence, time does not begin to run against the landlord until the
original term of the lease expires (or is brought to an end)
When the original term of the lease expires, and assuming 12
years of AP against the tenant, the landlord will have a further
12 years to recover the land - S15 Schedule 1, Para 4 of
Limitation Act 1980
*if lease gives tenant an option to renew the lease when it
expires, the AP who has evicted the tenant may also rely on the
right to renew to defeat landlord's claim to possession.
*It is crucial to know when lease has ended - usually expiry of
stated term and for a periodic tenancy, the last period which
rent was paid
Whatever the period of limitation, it starts to run against
relevant paper owner of unregistered title from the first
moment of AP
Smith v Lawson Claimant given a license, so no claim in AP
Eg. if A, the adverse possessor adversely possessed B's land for
12 years, but has left possession before B commences an action
to recover the land, the B's title will be barred and A will be
unable to recover the and from whomever is now in
possession
B's title to the unregistered land has been extinguished
If A has left the land and nobody is in possession, B will have to
retake possession, but have to wait a further 12 years before
being confident of defeating a returning adverse possessor
6. Note: issue is complicated if paper owner applies for first
registration of the title after the adverse possessor has
completed 12 years in AP - in this case, at first registration of
title, the registered proprietor (Against who the AP has run for
the imitation period) is bound only by AP by which he has
notice, or by the rights of an AP BUT ONLY IF the AP is in
actual occupation - S11 of LRA 2002
-> absent notice, an adverse possessor going out of possession,
after completing the relevant period of AP against an
unregistered title will have no rights against the first
registered proprietor
Stopping the Clock of Limited If clock is stopped successfully, paper owner's title is secure,
Unregistered Land unless, AP begins to possess afresh - where clock of limitation
starts afresh
1. Successful action of possession or an action seeking a
declaration of title by the paper owner before expiry of the
period will necessarily "stop the clock" and any claim of AP
would have to begin again - a mere issuing of a claim of
possession i.e. sending a letter, is not sufficient to stop the
clock
2. S29 and S30 of the Limitation Act 1980 provide that an
adverse possessor cannot succeed if they have "acknowledged"
the paper owners title before the expiry of the limitation
period - this may be by payment of rent or written
acknowledge of title
A signed document may be sufficient - Offlue v Bossert
The HOL determined that statement in court pleadings could
amount to acknowledgement of title for purpose of S29 of
limitation act 1980, but also that any written
acknowledgement usually operated only at the time it was
given and did not amount to a continuing acknowledgement
Thus if the AP continued to assert adverse possession after
giving a written acknowledgement of title, time would begin to
run afresh from the date of acknowledgement and AP would
acquire title if a "new" period of limitation was completed
If written acknowledgement is exchanged between adverse
possessor and paper owner "without prejudice" then it does
not operate as acknowledgement in law and may be
discounted
7. 3. Might not be sufficient for paper owner to retake physical
possession of land himself before expiration of limitation
period - however such self help is not always successful and
may attract attention of criminal law - Smith v Waterman
Claimants adverse possession could not be interrupted merely
by paper owner going onto land and doing some symbolic act -
other wise a mere entry on the land at some time by paper
owner would always stop the limitation clock - Zarb v Parry
Landlord must show that he is retaking the custody and
control of the land
Effect of Successful Claim of AP on When evidential base of AP has been proved and limitation
an Unregistered Land period expired
It varies according to proprietary interests of the parties
involved
Effect on Paper Owner
- Colchester BC v Smith and Trustees in the Charity of Sir John
Morder v Hayrick:
once limitation period has run its course in respect of
unregistered land, both paper owners right to sue and their
title are extinguished by operation of statue (S17 of Limitation
Act 1980)
Effect on AP of Freeholds
- traditional position: successful plea of AP a gains
unregistered land does not transfer paper owners title to AP
- it operates negative to prevent paper owner suing the AP and
extinguishes the paper title (S17 of Limitation Act 1980)
- Because AP is not purchaser from paper owner, AP takes all
the land subject to all pre existing proprietary obligations,
whether registered as land charges or not
- Adverse possessor will be bound by burden of unregistered
equitable easements and restrictive covenants because the
adverse possessor can never be "equity's darling"
- however, AP may deal with land as if his own, lease, sell etc or
grant away easements
- adverse possessor does not take, and is not treated as taking
a conveyance from the paper owner
- in practice, an adverse possessor with proof of established AP
can usually find willing purchaser and will convey land by
deed to purchaser
8. Effect of AP on leaseholds
- traditional doctrine: no conveyance of paper owners
unregistered estate to AP but has some unusual consequences
in the context of leaseholds
- successful 12 years adverse possessor against tenant
extinguishes only tenants estate, and landlord has a further 12
years after the the end of the original period of lease to eject
the adverse possessor before he also finds his title
extinguished
- landlord can still bring forfeiture proceedings against lease
tenant for non payment, even though adverse possessor is in
possession - effect is to terminate lease and bring forward
landlord's rights to eject AP
- Fair-weather v St Marlebone Property Co Ltd: once lease
brought to an end, adverse possessor has no right to remain on
land because landlord's right to possession is now active
Substantive nature of adverse Adverse possessor can transfer rights while they are awaiting
possessors rights prior to completing completion of the period - Asher v Whitlock
period of limitation in unregistered
land Transfer period may be added to any period successfully
completed by the old adverse possessor to complete 12 years
Adverse Possession under the If land is registered title but governed by LRA 1925, the same
LRA 1925 (Registered Land) limitation allies as in land of unregistered title, usually adverse
possession of 12 years
Same principle also apply when considering whether paper
owner has managed to stock clock of limitation
Person who has completed 12 years of AP before 13 October
2003 (Date of entry into force of LRA 2002) is entitled to be
registered as proprietor of the land.
Pending such registration, the land is held on trust by the
registered proprietary for successful adverse possession
This entitlement to be registered is enforceable against
purchaser of land from registered proprietor, who by
definition is not in possession of title if adverse possessor is
able to claim an interest that overrides by reason of his
discoverable actual occupation of land within the meaning of
schedule 3 paragraph 2 of the LRA 2002
9. Transferee is not purchaser, right to be registered is binding
under basic priority rule S28 LRA 2002
If adverse possessor has not completed 12 full years of adverse
possession before 2002 act into force, situation is governed
entirely by scheme of 2002 act, even if the adverse possession
was nearing completion on the day act entered into force
Adverse Possession under LRA Fundamental belief that a state guaranteed title, readily
2002 provable from a title register, should not be lost because of the
"mere" possession of a stranger, irrespective of how long that
stranger's possession has lasted
Basic Principle of AP under LRA Under LRA 2002, no period of limitation against a registered
1925 title as registered proprietary interest cannot lose title merely
because another person has adversely possessedthe and for a
fixed period of time -S96 LRA 2002
Even if adverse possessor had factual possession plus
intention to possess, no period of possession itself can deprive
registered proprietor of his title
However, 2002 act recognises that claims of adverse
possession are a fact of life and removing limitations will not
stop disputes between people over the land
The 2002 act therefore establishes an application procedure
whereby the adverse possessor may apply to registrar to be
registered as proprietary of title and this application triggers
statutory scheme in Schedule 6 of LRA 2002
Statutory Scheme of LRA 2002 When a person has been in adverse possession for at least 10
years, ending on the date of making an application, that person
may apply to the registrar to be registered as proprietor
It is important that the adverse possession has occured for 10
years and that it is still currently occurring when the
application was made so that the registered proprietor who
loses his title can make the resigner rectified and recover title
on the factual basis that the adverse possession is false - Baxter
v Mannion
10. Ways to evict the adverse possessor If the registrar takes the view that the application discloses an
under statutory scheme arguable case for registration, application will cause notice to
be sent to the current paper owner (Schedule 6, Para 2 of LRA
2002)
The registered proprietor has three choices, but failure to
respond al all will mean that the adverse possessor will have
the registered title
1. He may consent to the application, in which the adverse
possessor would be registered as proprietor - Balevents Ltd v
Sartori
2. Registered proprietor may object to application - if he
objects then the application for registration cannot be finalised
until the objection has been dealt with
(in absence of negotiated settlement, the nature of objection is
likely to be that factual basis of adverse possession claim is
false and registered proprietor may be advised to object and to
serve counter notice because this allows the registered
proprietor to defeat the application whether or not the factual
basis for the claim of adverse possession exists)
3. Option that is most likely to be pursued - serve counter
notice (either with or without objection). This counter notice
requires the registrar to deal with the application under
Paragraph 5 Schedule 6 to the 2002 act
This means that irrespective of whether factual basics for
adverse possession is made out, the adverse possessor cannot
be entered as the new registered proprietor unless one of the
three exceptional grounds can be made out
if none of the exceptions can be made out, the registered
proprietor will have two further years following the
application by the adverse possessor to recover possession of
the and
recovery of possession during these 2 year grace period is as of
right. if the registered proprietor does not do so within these
two years, then the adverse possessor may reapply at the
expiry of the two year period and will be entered as proprietor
of the title
11. Exceptions Listed in Schedule 6 Paragraph 5 of the LRA 2002
1. Unconscionable for current proprietor to dispossess of
adverse possessor because of an estoppel and the
circumstances are such that the adverse possessor ought to be
registered
- As well as establishing factual possession and intention for at
least 10 years existing on the date of the application,
applicants must also show that he detrimentally relied on
some assurance to be withdrawn
-two examples: where squatter has build on the land in
mistaken belief that he is the owner of it and the proprietor as
knowingly acquiesced in his mistake OR when neighbours
have entered into informal sale agreement for valuable
consideration by which one agrees to sell land to the other but
there is not registration of title - estoppel
2. Where the adverse possessor is for some other reason
entitled to be registered as proprietor
-examples: where squatter is entitled to land under will or
intestacy of deceased proprietor and where squatter
contracted to buy the land and paid the purchase price but
legal estate was never transferred to him -these cases they
usually don't rely on AP
- can be seen in Crossdil v Hodder - exception was to be
interpreted narrowly and should not be used to support AP on
broad view of entitlement
3. there is a boundary dispute concerning adjoining land for at
least 10 years of the adverse possessor and the applicant
reasonably believed that the disputed land to be his, provided
that the disputed land had been registered land for more than
one year prior to the application
-reflects reality of neighbourhood living where exact boundary
line between adjoining properties may be uncertain or altered
over time without any formal transfer of registration
preserves valuable role of AP as practical solution to boundary
disputes
-condition useful in situations where boundaries as they
appear on ground and to title plan do not coincide
12. - Schedule 6 imposes 4 conditions before claim may be
successful and only in one the claimant may acquire title
- three of the 4 conditions are factual and simply need to be
proved in the normal way - that the land of the applicant is
adjacent to which the claim related; that the exact boundary
has not been determined and that the land had been registered
for more than one year
- 4th condition might prove to be problematic - it is whether
for at least 10 years of the period of adverse possession ending
on the date of the application, the applicant or predecessor in
title reasonably believed that the land belongs to him
- this is meant to ensure that adverse possession can succeed
only if they mistakenly and reasonably believe the land to be
theirs, rather than deliberate theft - Zarb v Parry - applicants
belief in ownership was reasonable so succeeded in
establishing title under boundary exception
- IAM Group v Chowdrey made it clear that it was claimants
belief that had to be reasonable not that of his solicitors and
that being told land was not his, did not make his belief
unreasonable
Effect of registration of AP under If AP is successful and is registered as proprietor, he takes land
LRA 2002 subject to any interest affecting the estate, except registered
charge save that if registration is the result of operation of one
of the three exceptions, he also takes land subjected to any
registered charge