The speaker offers a land surveyor’s observation on the recommendations of the Adverse Possession Sub-Committee of the Law Reform Commission. The Sub-Committee claims that adverse possession would offer a practical solution to some of the land title problems. Albeit a handy traditional practice, it is not an efficient solution as claimed. Case studies on the results of adverse possessions and the Sub-Committee’s argument will be discussed.
One of the major issues about the infringement of human rights, the Sub-committee has inevitably cited the decision of JA Pye v UK 2007. A re-visit to the case, and the British approach on the 10-year possession and 2-year notice period will be analyzed.
Upon citing court cases that require a land surveyor to give expert witness on evidence of adverse possession, it would be interested to see what would be accepted or rejected as occupation evidence. Various contributions of expert land surveyors’ work in court are highlighted.