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

Land law - Essay Example There, 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, then it cannot be termed as adverse. Factual possession: Kevin has taken care of the land and erected a permanent building in the land. 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.9 The Council’s possession of the land is limited to shortcuts. The courts need continuous possession with some form of development. Trespass is not sufficient as was seen in the case of Powell v McFarlane.10 Presence of implied licence: The council has not objected for over 20 years despite the fact the Council’s management team uses the land as a shortcut and could see the developments made by Kevin. Implied license is limited by the Limitation 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 trespasser’s approach to possession does not matter; 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