Adverse Possession, 2nd edition
Written by Stephen Jourdan and Oliver Radley-Gardner"...this book is highly recommended. No firm or chambers practising in property law should be without this book. It is essential." New Law Journal, June 2011
The most comprehensive and up-to-date guide to this contentious area of law
Adverse possession retains its central importance in the law of real property, and remains a heavily-litigated area of law. This timely new edition of Adverse Possession not only takes account of significant legislative changes but also includes important new cases at all levels and from a range of jurisdictions. As such it is an indispensable book not only for barristers and solicitors, but also judges and adjudicators needing a fast, clear and up to date reference source.
Detailed and comprehensive guidance
This authoritative book covers all aspects of the law and practice relating to adverse possession of registered and unregistered land. It deals with the general principles of law as well as their application in specific contexts, such as the interaction of adverse possession and illegality, and the operation of the law and procedures under the Land Registration Act 2002.
This is the only dedicated book dealing with adverse possession that is currently in print. It provides a detailed treatment of the subject, referring to both English and Commonwealth authorities – both of which are discussed within the body of the text.
New edition – fully updated
The new edition of this highly regarded work is fully updated to take into account English and Commonwealth authorities on the subject, as well as incorporating the decisions of the Adjudicator to HM Land Registry. Updated features include:
A comprehensive explanation of the working of the Land Registration Act 2002, and the rules under that Act, incorporating reference to the latest decisions of the Land Registry Adjudicators
The latest Privy Council decisions on the subject from England and the Commonwealth, including cases such as Higgs vs Leshel [2009], and cases from Australia and Hong Kong
Consideration of significant cases from this jurisdiction, such as Ofulue vs Bossert and Alston & Sons vs BOCM Pauls Ltd
Consideration of the interaction between adverse possession and the law of commons, principles of illegality, encroachments by tenants, and other topical matters that are the subject of recent litigationClarification on contentious issues
Adverse Possession, Second Edition is intended to provide comprehensive coverage of the law, but also seeks to suggest practical solutions to problems which have not yet been the subject of decided cases. In addition to setting out the general principles, the book also structures the material to provide illustrations of adverse possession of particular kinds of land, and the effect that particular acts of a user have on a claim. Dedicated chapters set out the principles which regulate the relationship between adverse possession and leases, trusts, mortgages and other forms of property interest.
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.
Oliver Radley-Gardner has been a member of Falcon Chambers since 2004.
Bibliographic detail
ISBN: 978 1 84766 372 6
Publication Date: Feb-11
Format: Hardback
Availability: In print
Price: £140