In February 1991, Katie breaks into a long unused security and reception building, called The Lodge, on a large business park, belonging to Ventra Ltd, with a set of keys that she had found.
Katie proceeds to undertake renovation work to turn the property into a residence, including significant work to the roof and façade, including installation of new double-glazing. As Katie had already got the keys, she felt it unnecessary to change the front door or locks.
In 2001, Katie looks to move and offers the place to her friend, Allison. Allison moves in immediately. As a matter of courtesy, in December 2003, Allison writes to Ventra Ltd to inform them that she is now the person making use of the building on their land.
What impact does Katie’s initial trespass have on any claim that any party might have to acquire title by adverse possession?

Question

In February 1991, Katie breaks into a long unused security and reception building, called The Lodge, on a large business park, belonging to Ventra Ltd, with a set of keys that she had found.  
 Katie proceeds to undertake renovation work to turn the property into a residence, including significant work to the roof and façade, including installation of new double-glazing. As Katie had already got the keys, she felt it unnecessary to change the front door or locks. 
 In 2001, Katie looks to move and offers the place to her friend, Allison. Allison moves in immediately. As a matter of courtesy, in December 2003, Allison writes to Ventra Ltd to inform them that she is now the person making use of the building on their land. 
 What impact does Katie’s initial trespass have on any claim that any party might have to acquire title by adverse possession?

Answer

Katie is responsible for the forceful entry, so wouldn't have been able to claim title by adverse possession. However, that doesn't stop Allison being able to claim as the person currently in possession

Answer

Breaking into a building amounts to the exercise of force. Acquisition of title by adverse possession is ‘by right’, and must be without force, secrecy, or permission, so neither party would be able to claim adverse possession.

Answer

While Allison is not responsible for the forceful entry, she has only lived on the premises for 2 years before the passage of the Land Registration Act 2002, so would not be able to claim title by adverse possession

Answer

None. The breaking into a building does not prevent the accrual of time in favour of those in adverse possession

Crowdly

In February 1991, Katie breaks into a long unused security and reception buildin...

Хочете миттєвий доступ до всіх перевірених відповідей на moodle.kent.ac.uk?