Adverse Possession

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Course Overview

Adverse possession is a complex area of law which can be a minefield for any property lawyer.

As the frequency of boundary issues increases, clients immediately think of squatters’ rights, but this may not be right, and even if it is, there is a danger that you may provide the wrong advice unless you properly assess the key factors involved.

This course, delivered by experienced property lecturer Hannah Mackinlay, tackles the difficult issue of the law relating to adverse possession and will be of interest to new and experienced practitioners in this area.

This course will offer guidance on how to make a valid adverse possession claim and will highlight the potential problems and pitfalls which you may face when dealing with such claims.

What are the requirements?

Learning Outcomes

  • On completion of this course you will:

    • Be able to recognise and assess the key factors when determining whether a case is suitable.
    • Be able to identify why the Red Line is not the boundary and how to amend the general boundary without adverse possession
    • Be able to identify if another solution is available and assess where and when this may be appropriate
    • Be able to manage client’s expectations successfully
    • Be able to determine what land is actually occupied and appreciate the significance of 10/12 years
    • Be aware of the common misconceptions on limitation
    • Appreciate the difference between registered land vs. unregistered land
    • Have considered why land can now be squatter proof for new squatters
    • Understand the main problems encountered when faced with a claim involving leasehold property  

What is the target audience?

  • Conveyancing practitioners

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About Instructor - Hannah Mackinlay

Hannah Mackinlay qualified as a solicitor in 1981 and has worked at a senior level for major firms such as Pinsents and Shoosmiths, and also local authorities. As well as acting for major landowners, local authorities, development agencies, national house builders, banks, building societies and PLCs, she has also dealt with the rank and file high street commercial leases and small developer. In 1995 she obtained a Masters Degree in Environmental Law and for a while specialised in the area of contaminated land issues and Waste Management. She was a member of the National Council of the UK Environmental Law Association. Since 2003 she has focussed on CPD training to the profession and has lectured widely on the subject of residential and commercial property, property development, overage, and Stamp Duty Land Tax and recently set up www.propertylaw.guru  as a resource centre for conveyancers.

Course Curriculum

recorded webinars

  • Webinar
    01:04:00

Documentation

  • Notes
    30 Page

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