Acquiring Property Rights Ex Turpi Causa

Poulsom, Michael (2019) Acquiring Property Rights Ex Turpi Causa. The Conveyancer and Property Lawyer (2). pp. 149-161. ISSN 0010-8200

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Abstract

Discusses, with reference to case law, the principles used to prevent the acquisition of property rights arising from a claimant's unlawful actions (ex turpi causa). Reviews the uncertain scope of the principles' content and application, and the extent to which they conflict with adverse possession and prescription. Considers the benefits of further clarification, the ways in which reforms might be introduced, and the potential obstacles.