Land law Essay Example | Topics and Well Written Essays - 1000 words - 3

Land law - Essay ExampleThere, however, lacks any requirement as pertaining to whether the paper owner should be aware or not of the trespass as can be seen in Rain v Buxton.8 Nonetheless, if the possession is based on a given legal entitlement, and so it cannot be termed as adverse.Factual possession Kevin has scoren care of the lower and erected a permanent expression in the overthrow. The council has not been in possession of the land in this time period while Kevin has been actively using the land for 20 years. Courts must have evidence of the land being possessed as passed in Buckinghamshire County Council v Moran.9The Councils possession of the land is limited to shortcuts. The courts need continuous possession with several(prenominal) form of development. Trespass is not sufficient as was seen in the case of Powell v McFarlane.10Presence of implied attest The council has not objected for over 20 years despite the fact the Councils management team uses the land as a shor tcut and could see the developments made by Kevin. Implied license is limited by the restriction Act 1980, schedule 1, paras 8(4).Intention to possess The courts need proof that trespasser needs to use the land (animus possidendi) as given in Powell v McFarlane.12 The trespassers approach to possession does not effect however, he must have intentions to possess the land exclusively.13 The trespasser must have the intent to take full control of the land and exclude everyone else including the paper