Q&As

A was in adverse possession of land from 2002, and sold it to B in 2023. When B purchased the land, they knew it was not in A's registered title. Is this an issue under the new adverse possession rules, if B is required to satisfy one of the 'three conditions'?

read titleRead full title

Published by a ÑÇÖÞÉ«ÇéÍø Property Disputes expert
Published on: 25 May 2023
imgtext

A person wishing to claim title to registered land by adverse possession, and who cannot show 12 years' possession prior to 13 October 2003, may apply if they have completed ten years in possession: para 1 of Schedule 6 to the Land Registration Act 2002 (LRA 2002). The registrar will then serve notice on the registered proprietor, who may either:

  1. •

    consent, or fail to respond, in which case the applicant will be registered, or

  2. •

    serve a counter notice objecting to the application (LRA 2002, s 73(1)) and/or asking for it to be dealt with under LRA 2002, Sch 6, para 5. If the objection is unsuccessful the squatter will be registered as proprietor, but invoking LRA 2002, Sch 6, para 5 means that the application will be automatically cancelled

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

What is the reliability of having a statement of truth as opposed to a statutory declaration in the

What is the reliability of having a statement of truth as opposed to a statutory declaration in the context of an adverse possession claim? The Land Registry’s guidance states that statements of truth are acceptable for use in adverse possession claims in the place of statutory declarations. Would

°Õ°ù±ð²õ±è²¹²õ²õâ€À¹±ð³¾±ð»å¾±±ð²õ

°Õ°ù±ð²õ±è²¹²õ²õâ€À¹±ð³¾±ð»å¾±±ð²õThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser or squatter, issues that may arise as a result of trespass, potential remedies available to the landowner including physical repossession, while taking

Trespassers—possession proceedings

Trespassers—possession proceedingsThis Practice Note covers the procedure to recover possession from trespassers who entered premises as trespassers (more commonly known as squatters), or who remained on land without the consent of the person entitled to possession, by issuing possession proceedings

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a