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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

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Adverse Possession 2nd ed with 1st Supplement


ISBN13: 9781784512576
Previous Edition ISBN: 9781847663726
Published: July 2017
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £195.00



In stock.

The new edition of Adverse Possession has been extensively revised and updated to take account of legislation and case law including Land Registration Rules 2003, Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003 and Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003.

This book uniquely deals with the subject in detail, providing a full treatise on the law, referring to both English and Commonwealth authorities. It also examines the various issues of principle and practice which arise including title, meaning and elements of possession, the running of time, estoppel and human rights considerations.

  • The 1st Supplement was published in July 2017
  • The Main Work was published in February 2011

Subjects:
Property Law
Contents:
PART 1 INTRODUCTION Definitions and overview
Historical introduction and proposals for reform
Interpretation, policy and human rights
Title to land

PART 2 THE ELEMENTS OF ADVERSE POSSESSION
The significance of adverse possession, discontinuance and dispossession
The requirement that possession must be 'adverse' and continuous
The meaning of 'possession'
The factual element of possession
The mental element of possession - the intention to possess
The extent of possession: when possession of part of the surface will be treated as possession of whole
The extent of possession: mines and minerals
Possession of specific types of land
Whether specific uses of land constitute possession

PART 3 THE RUNNING OF TIME
How long must time run for?
What will stop time running?
Extension of time by acknowledgment or payment
Extension of time for disability
Extension of time for fraud, mistake or deliberate concealment

Estoppel PART 4 THE EFFECT OF TIME RUNNING
Unregistered title
Registered title - Part 1
Registered title - Part 2

PART 5 SPECIAL CASES
Easements, profits and other rights
Leases
Encroachments
Mortgages
Trusts
Beneficiary in possession to exclusion of trustee
Co-ownership
Successive interests
Issues following death
Rentcharges, annuities, tithes and advowsons
Boundaries
The sale of land
Licences and tenancies at will
Pleading points