Adverse Possession & Boundaries - An Update on the Key Issues

Introduction

Adverse possession - where ‘Claims to small and valueless pieces of land are pursued with the zeal of Fortinbras’s army’ - can in part become a problem for landowners because the ‘general boundaries’ rule exacerbates the difficulty of deciding exactly where the boundary to a parcel of land lies.

This webinar will review the law on adverse possession and boundaries in the context of recent illuminating decisions of the courts.

What You Will Learn

This webinar will cover the following:

• Factual possession and physical control: why enclosure is not essential: Kirman v Bradshaw + gates, hedges, planting, sweeping, parking & grazing
• Length of possession & ‘reasonable’ belief: Lewis-Han v Williams; Booler v Yousaf; Brown v Ridley; Dowse v Bradford
• The impact of adverse possession on the ‘general boundaries’ rule: Clapham v Narga
• Demarcation agreements & their role in boundary disputes: White v Alder; Bishop v Jacques