Property Law: Acquisition

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Last updated: February 5, 2024

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First submitted	June 20, 2023
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How long does the principle of adverse possession allow one in factual possession to acquire a title that defeats a paper title?

12 years

What are the criteria for factual possession?

Character of land

Way land is expected to be used

Test for adverse possession?

Factual possession

Intention to possess

What is it known as when the seller owns the property?

‘Good and marketable title’

What are the stages of a typical transaction?

Investigate title

Contract

Deed

Registration

Where is the rule for the necessity of a deed found?

S.52(1) LPA 1925

How many people can jointly hold legal title?

Four

Statute?

S.32(2) LPA 1925

Where are conveyances found?

S.205(1)(ii) LPA 1925

What are the criteria for a deed to be valid?

In writing

Signed

Witness

Clear it is a deed

What statute contains these?

S.1 LPMPA 1989

What are the criteria for a contract to be valid?

In writing

All terms incorporated

Signed

What statute contains these?

S.2 LPMPA 1989

Four most important registrable dispositions in s27 (2) LRA 2002?

Registered estate

Lease >7 years

Legal easement

Legal charge

Three main forms of delivery?

Actual

Constructive

Symbolic

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