Land - Mortgage & Adverse Possession (5)

4. In 1987 Miss Sprigg purchased Oaktree Cottage (registered land). The garden of the cottage backed on to a field from which its was separated by a wooden fence. The field formed part of the Blackacre whose owner, Lord Blacktown, intended to develop it as a caravan site for summer tourists. IN 1988 Miss Sprigg removed part of the fence and began cultivating vegetables on part of the field; in 1989 she built a chicken coop on the field and reared chickens there; in 1990 she fenced in that part of the field that she was using to protect her chickens from thieves and animals. In 1992 Miss Sprigg died leaving the cottage to her sister Maud. Maud continued to grow vegetables and rear chickens on the exclosed part of the field. In 1999 Lord Blacktown sold the field to Sunshine caravans and they wrote to Maud telling her that they proposed to develop the field as a caravan site and requiring her to vacate the field. Maud ignored the letter and in 2002 Sunshine Caravans commenced proceedings for possession.
Advise Maud.

- Maud might be successful if she satisfies LA s15’s 12-year requirement
- Adverse possession can be accrued: sale of land from Lord Blcktown to Sunshine Caravan does not stop time running
- It is likely that 1990’s fencing would start actual possession
- 1992 Maud got the adverse possession from Miss Sprigg: death of a squatter does not stop time running (Mount Carmel Investments v Peter Thurlow)
- Long term plan is irrelevant: not a bar even if squatter’s action is consistent with it
- Not sure if 12 years are elapsed because dates are unknown
- Old law: Sunshine Caravan holds legal title on trust for Maud; Maud can ratify register in her favour
- New law: 2002 LRA Schedule 6: Maud applies for registration; Paper owner in 2 years’ time to stop time running; If no action is taken, Maud can reply and replace Sunshine Caravan as the owner
- Unregistered Land: paper owner’s title extinguishes: but there is no transfer of title, i.e. no conveyance