during these seasons. This would affect the continuance of possession because the courts held in Central Midlands v Leicester Dryens that physical control may not be temporary resulting in a break in the continuity. Therefore, although the crops are seasonal, if the fence remains up throughout the year and in effect excludes people from entering the property, then it may be sufficient evidence of control.

Eustace Lodge (EL)

Adverse possession of EL may be established when P started using the lodge for storage. P was a trespasser when he entered the lodge without permission however, if P started to lock the doors after storing his items, he could have argued that he had the intention to possess the lodge. Similarly, as this would exclude the world at large from entering the lodge, this would give him the intention to possess the land. Mr P did not start locking the doors though until 2006 which could be a sign that they remained open in 2005 which means anybody could have had access to the property.

P may be able to argue that adverse possession took place from 2006 as the actions are clearer here. As defined in Powell, factual possession is using and controlling the land in the same way that an owner would. This is demonstrated in the scenario by P renovating the estate as well as living in it. Furthermore, he shows the intention to posses EL by locking the estate gates and drives between the two lodges which suggests that P excludes everyone else including the owner from accessing these two lodges. As this is the only means of access to the land, then factual possession is also established. Knowledge by the council does not prevent an intention to possess. In addition, the letters sent by the council between 2006 and 2016 are not sufficient enough to stop time running against them.

OUTCOME

It is likely that P met the basic requirements in 2006 which is when adverse possession would begin. As this occurred after the Land Registration Act (LRA) 2002, there is a possibility that Eustace Lodge was registered because England and Wales was subject to compulsory registration in December 1990 and being a government body, Buckfordshire County Council may have adhered to this. However, there is also a chance of the property being unregistered because it is not expressed within the scenario and after 1990 not all property was registered.
The rules for both types of land differ as they are governed by the LRA 2002 for registered land after and the Limitations Act (LA) 1980 for unregistered land. If the land is registered, P must apply to the Land Registration Act (2002) in order to be registered as the new legal owner. This Act requires the claimant to make the applica