Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels

Adverse Possession, Second Edition

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adverse possessionReports of the death of adverse possession have been greatly exaggerated

Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels, according to Stephen Jourdan QC and Oliver Radley-Gardner authors of the newly updated Adverse Possession, Second Edition.

Since the first edition, the number of decided cases has not abated, and the law continues to develop and evolve, with cases throwing up novel problems, and shedding further light on established principles.

Accordingly, Jourdan and Radley-Gardner have updated their authoritative guide to take account of the legislative changes – including the procedural rules promulgated under the Land Registration Act 2002 – but also the large amount of English and Commonwealth caselaw that has emerged since the publication of the first edition. Greatly expanded, the second edition seeks to present those many changes in a comprehensive but clearly structured form.

This work is the sole dedicated work in print exclusively considering this area of law.

Therefore the new edition of Adverse Possession will be most welcome not only by barristers and solicitors but also judges and adjudicators seeking an up-to-date, structured and comprehensive reference guide..

Adverse Possession, 2nd Edition, covers all aspects of the law and practice relating to adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types of cases. It considers that interaction between the doctrine and other areas of law, such as the law of mortgages, leases, commons and the operation of the illegality defence against squatters in certain contexts.

The completely revised and updated second edition includes reference to:
•         The latest Privy Council decisions on the subject from England and the Commonwealth, including cases such as Higgs vs Leshel [2009], as well as cases from Australia and Hong Kong
•         Recent rulings on issues such as encroachments by tenants, the implication for licences, and the effect of acknowledgments of title

About the authors:

Stephen Jourdan QC has been a member of Falcon Chambers since 1990; before that he was a solicitor. He specialises in all aspects of property and agricultural litigation, including professional negligence and pollution claims. He is a Recorder (Civil), a Deputy Adjudicator to HM Land Registry, and Consultant Editor for the Boundaries title in the new edition of Halsbury's Laws.
Oliver Radley-Gardner has been a member of Falcon Chambers since 2004. Previously, he was a College Teaching Fellow at Pembroke College, Oxford. His practice encompasses all aspects of property litigation.

 

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