RES exam question on Land Law: A neighbour has openly occupied and fenced off a strip of an owner's registered land…
A neighbour has openly occupied and fenced off a strip of an owner's registered land for over 20 years and now claims to have acquired ownership of that strip by long possession. Evaluate the statements: (i) Under the Land Titles Act (Torrens system), title to registered land generally cannot be acquired by adverse possession (ii) Twenty years' possession automatically transfers ownership of the registered strip (iii) Registration, not mere possession, is the basis of title to registered land (iv) The registered proprietor's title is protected against such squatter claims Which statements are CORRECT?
- A(i), (ii), (iii) and (iv)
- B(i), (iii) and (iv) only
- C(ii), (iii) and (iv) only
- D(i) and (iii) only
Show answer & explanation
Answer
B. (i), (iii) and (iv) only
Explanation
(i) is correct: under the Land Titles Act (Torrens system) title to registered land generally cannot be acquired by adverse possession. (iii) is correct: title to registered land rests on registration, not mere possession. (iv) is correct: the registered proprietor's title is protected against such squatter claims. So (i), (iii) and (iv) only.
Why the other options are wrong
- (ii) is wrong: twenty years' occupation does not automatically transfer ownership of registered land.
Study the concept behind this question: Caveats and Registration of Title
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