LAND LAW Essay Example | Topics and Well Written Essays - 1000 words - 1

LAND LAW - Essay Example The most common form is when a neighbor builds an establishment that crosses onto another person’s land although most severe scenarios the neighbor treats someone else land as if it were their own. In our case, Thomas built the garage before Edward bought the land but even then, Thomas was still encroaching on the council’s land even though they did not feel like taking any action against him. When Edward bought the property and he wants his fence to go through the right boundary, Thomas has no grounds to refuse him. The Land Registry Act public guide 19 states that in the interest of good relations between neighbors, "It is best to record the agreement formally. You can do this ... by setting your agreement down in a formal document" and they are referring to the case of boundary agreements. Thomas has the knowledge on where the boundary lies due to the formal agreement under existence since they bought the land from the previous owner. However, if the council land was unregistered, the law legislation LA 1980 s. 17, states that as far as the current squatter has been on the land for a long period of time (up to 12 years) and the land has been under good use, then he or she is supposed to request for a registration through the law. In Powell v McFarlane, Slade J it was alluded that the issue of land ownership could have been through a concept known as factual possession. Under such circumstances, the owner has a near exclusive control over the given parcel of land. The ownership at such times includes physical control. In terms of intrusion into a piece of land, it is apparent that the ownership cannot be claimed by two parties concurrently. Consequently, it ought to be acknowledged that the real control in terms of physical use lies in the terms that suit the prevailing circumstances. The considerations in such situations entail having an evaluation of what the parcel of land is used for in terms of commercial exploitation. In the case of Thomas and Edward, Edward was aware of Thomas’s long possession of the land under which he built the garage. Encroachment has numerous forms but only two countermeasures, legal hearing or ejectment. The decision that this case will take, is dependent on the two affected neighbors. In case they decide to go to court, each of them has a right to the land as the next if the land was unregistered and it is under proof beyond reasonable doubt. However, if the land belonged legally to the council and proper documents produced then Edward has the right to own the land. The twist comes in if Thomas decides he wants the land as well under the limitation act. If Thomas decides to pursue the land’s interest under claim of adverse possession, then he is liable to get it according to the law. Section 15(1) of the limitation acts(LA 1980) if a person encroaches on another person’s land and the latter is notified, the right to claim any legal action expires after 12 years since the owner got the information pertaining to this encroachment. Edward notified the council on Thomas’ encroachment but they did nothing and the countdown began in 1996 when Edward reported. However, in Buckinghamshire County Council v Moran, Slade LJ explained the concept of ‘adverse’ in reference to the possession of any parcel of land. This must bear relevance to the act that was passed in the 1980s. This is better explained through the quote "If, therefore, a person occupies or uses land by