Discuss the two main issues raised by james

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This essay will discuss the two main issues raised by James. First of all, as a squatterwho takes possession of land without the consent of the paper owner, Power Plus (PP), James would like to know whether he could still retain his rights and become the legalowner of PP's land, or whether he will be evicted from the land. Secondly, James would liketo know whether he has to move the wall between Brooklands and Woodbine Cottage dueto the boundary dispute with Linda. James is advised to consider whether he has acquiredrights on the land under the doctrine of adverse possession. Above all, there are twoelements that must be proven to establish adverse possession, which is factual possessionwithout the consent of the owner and the intention to possess. Notably, the burden of proofis on James to prove both elements, based on the presumption that "the owner of the landwith the paper title is in possession" which was stipulated inPowellvMcFarlane1.If James'sclaim succeeds, he will become the "rightful" owner of the land through his initial "wrongful" act based on uninterrupted possession for a period of time, this will ultimately lead PP and Linda to lose the estate of their land and no compensation will be obtained from James or the state.

Reference no: EM133812447

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