Question:
“LASPOA 2012 s144 does not tell us how, if at all, the commission of this offence interacts with the law of adverse possession. If a person commits the criminal offence, does this prevent them acquiring title by adverse possession, assuming all the other elements of a possessory claim are established? This was the issue in Best v Chief Land Registrar and Secretary of State for Justice. [2014] EWHC 1370 (Admin)”
Dixon, M (2014) ‘Criminal Squatting and Adverse Possession: The Best Solution’ Journal of Housing Law 2014, 17(5): 94–97.
Analyse the law on adverse possession in the context of the quote and discuss critically to what extent it is true.
Requirements:
This is the Land Law essay, because it is the law essay, then normal solid academic structure. Need to introduce it, need your main body (develop your ideas and arguments) and need a conclusion but it does need to be aligned to the main essay question. Have a look to the presented article from the question, tell what section 144 LASPO says briefly, can be the starting point. Than there should be a law on Adverse possession, what is adverse possession? It should be 2/3 of essay or even ½ because the main question asking analyze the law on the adverse possession (the substantive element, procedural elemen, maybe a bit of Human Rights). Explain everything using the section and applicable cases that explains. Then the process under LRA2002 sch. 6, section 96 and 98, what is adverse possession and how do you claim it? But the main question should be answered: what is section 144 LASPO, what is Best v Chief Land Registrar and Secretary of State for Justice case, how do they fit together? The also important is explain before section 144 came to force, being on someone’s else land with trespass, which was civil not criminal. It was not a crime, so section 144 criminalize it. What did the case of Best say? Explain the whole issue of the case and analyze the law on the adverse possession in that context. Do the good explanation for that two, but also do the good academic commentary on this, what does Dixon say about this; Does Dixon agree with it; Does he not agree with it; What about others? Do the academic research on that. Find what Dixon said, reference that, it is written in Dixon, M (2014) ‘Criminal Squatting and Adverse Possession: The Best Solution’ Journal of Housing Law 2014, 17(5): 94–97.
There should be used the sources as law (Statute and Cases) and other academic resources as journal articles, books and online articles, use more journal articles. The referencing style is Oscola, if you use the information from the sources, please paraphrase that and put a footnote (used information can be found there). Fully attribute any judicial quotations or passages taken from articles or textbooks. Cases must be cited correctly, but the full citation may be contained in footnotes. A bibliography should be included at the end of the coursework (all sources that you used should be there in oscola referencing). The word count excludes the bibliography and footnotes. Footnotes must contain citations only and not text.