This master’s thesis is written as part of the 4th semester of the master’s degree in Surveying, Planning and Land Management (Cand.Geom) at Aalborg University, Copenhagen. The project is written in corporation between Rasmus Kurps, Søren Müller and Thorbjørn Hesselkjær.
The project is a case study of the Danish legal provisions on the good and bad faith claim principles in adverse possession . The study was inspired by Supreme Court ruling (U.2023.2074), where the limits of the adverse possession principles of good and bad faith tolerated when acquiring assertion were tested, whereby the meaning of good and bad faith in assertion was the focal point.
Through thorough analysis using legal dogmatic analysis of the legal literature and jurisprudence, an attempt has been made to establish a deeper understanding of the degree of tolerable bad faith in assertion. Where inputs from the land surveyor industry have contributed with valuable nuanced knowledge and estimates for the concept of faultiness. With an in-depth real-world insight given onto the land surveyor industry's estimates and overall assessments of good and bad faith in adverse possession.
The conclusion of the analysis is an assessment and recommendation of the current applicable law for the limit of tolerable bad faith in adverse possession, where the precedential value of the Supreme Court judgement is clarified and discussed. The study furthermore focuses and assess the divergent response on tolerable bad faith from the land surveyor industry and debates different pitfalls in the way good – and bad faith is asserted in relation to adverse possession.