The Position of the Estate Owner and the Adverse Possessor, A Comparison Between England and Wales, Scotland and the Republic of Ireland

Abstract

This article analyses the concept of the doctrine of adverse possession by comparing the legal position of the estate owner and the adverse possessor in three legal systems, England and Wales, Scotland and the Republic of Ireland, with a view to identifying which jurisdiction offers more protection to each party. It explores the theoretical underpinnings of adverse possession in the context of the shifting priorities of land law more generally.