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Nov 24, 2024

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UK Land Law 1 UK Land Law by [Name] University Course Professor Due Date

UK Land Law 2 UK Land Law Advice to Ravi Ravi may have rights to the electricity supply, the drain, and the area used to park his motorbike under the doctrine of "adverse possession" or "squatter's rights " outlined in The Limitation Act 1980, Section 15 and Schedule 1 Part II, as well as case of J A Pye (Oxford) Ltd v Graham [2002] EWCA Civ 476." Adverse possession is a legal principle that allows a person to acquire legal title to a property through open, notorious, continuous, and exclusive possession of the property for a certain period without the legal owner’s permission (Chang, 2020). In the UK, the period required for adverse possession is typically 12 years, although this can vary depending on the circumstances. Ravi's use of the electricity supply, the drain, and the area used to park his motorbike for more than 12 years without interruption or permission from the owner of Sunnyside may give him the right to continue to use them, even if the owner of Sunnyside wishes to redevelop the property. Ravi may argue that his use of the property has been open and notorious and that the owner of Sunnyside knew about it and did not take action to stop it. However, Ravi's view of his property is not something he can acquire rights to and is not covered by the doctrine of adverse possession (Fernado, 2021). It would be best for Ravi to speak to a solicitor to find out the best course of action, as these legal issues are difficult to navigate, and professional advice is needed. Suppose Ravi wishes to assert his rights to the electricity supply, the drain, and the area used to park his motorbike, he should speak to a solicitor about the possibility of claiming adverse possession (Jun, 2022). The solicitor will be able to advise Ravi on the specific requirements for making a successful claim and the costs and risks involved. Another important aspect Ravi should consider is that he may have the right to light. The right to light is a form of

UK Land Law 3 easement that allows a property owner to receive a certain amount of natural light through windows or skylights on their property (Dixon, 2021). Suppose Ravi's property, The Dell, relies on the light coming from Sunnyside, and the redevelopment of Sunnyside would block this light, Ravi may have a claim for compensation or an injunction to prevent the redevelopment from proceeding. Ravi should consult a legal expert to know how this specific right is granted and if he has any. In addition, Ravi may also want to consider negotiating with the owner of Sunnyside to reach an agreement on the use of the property. This could involve Ravi agreeing to give up his rights to the electricity supply, the drain, and the area used to park his motorbike in exchange for compensation or some other form of agreement. Ravi should also investigate if the proposed redevelopment by the owner of Sunnyside will comply with planning permission, building regulations, and any other laws that might apply to the redevelopment (Atkinson et al., 2019). There may be a chance to object to the planning permission application, which may lead to getting the plans altered or canceled. Ravi should also consult a solicitor to help him understand his rights and the legal process for claiming adverse possession (Lees and White, 2020). He should also consider negotiating with the owner of Sunnyside and investigating the legality of the redevelopment plans. Ravi should also be aware of the potential impact of the Human Rights Act 1998 on his situation (Amos, 2019). Suppose the redevelopment of Sunnyside would interfere with Ravi's right to respect his home and private life as protected under Article 8 of the European Convention on Human Rights, he may have grounds to challenge the redevelopment on human rights grounds. He should seek legal advice on this aspect too.

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UK Land Law 4 References: Amos, M., 2019. The Future of Human Rights Law in the United Kingdom. J. Int'l & Comp. L. , 6 , p.87. Atkinson, R., Tallon, A., and Williams, D., 2019. Governing urban regeneration in the UK: a case of ‘variegated neoliberalism in action? European Planning Studies , 27 (6), pp.1083-1106. Chang, Y.C., 2020. The Many Faces of Adverse Possession: Economic and Empirical Analyses of Laws in 156 Jurisdictions. Available at SSRN 3558800 . Dixon, M., 2021. English land law. In Architect’s Legal Handbook (pp. 33-44). Routledge. Fernado, M., 2021. The Doctrine of Indefeasibility of Title in Sri Lanka: A Comparative Study with The Law of The United Kingdom and Australia. Jun, M., 2022. Stigma and shame attached to claiming social assistance benefits: Understanding the detrimental impact on UK lone mothers’ social relationships. Journal of Family Studies , 28 (1), pp.199-215. Lees, L. and White, H., 2020. The social cleansing of London council estates: everyday experiences of ‘accumulative dispossession’. Housing Studies , 35 (10), pp.1701- 1722.

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