land

Question 1

two sets of law

Answer 1

Law Comm/Land Registry Report 1998 – differentiated between registered and unregistered
land
First ask: is the land registered or unregistered?
Secondly, ask: what was the date that adverse possession took place?
If the land is UNREGISTERED – the Limitation Act 1980 applies whatever the date the adverse
possession took place

• If period of adverse possession completed by 12 oct 2003 use limitation act 1980 + land registration act 1925 s75
• if the period of adverse possession completed on or after 13 oct 2003 use land registration act 2002
• see legal aid, sentencing and punishment of offenders act 2012 s144- squatting in residential property is now criminal offence (best v chief land registrar (2015) but does not totally preclude the squatter from gaining adverse possession)

Question 2

main principles

Answer 2

• for unregistered land or REGISTERED where possession completed by 12 oct 2003 (12 years) it is not possible for paper owner to evict squatter
• this is so even if squatter has passed property on to someone else
• clock starts when either dispossession or discontinuance occure (more later)
• in effect- title of paper owner is extinguished if adverse possession continues for 12 years
• but- problem for registered land as title could not simply disappear
• S75 LRA 1925 - solution: paper owner would holf on trust for the squatter
• where adverse possession completed on or after 13 october 2003- LRA 2002 rules apply
• Fundamental change to law -s96 LRA 2002 adverse possession does not mean automatic change from paper to squatter
• now possession for 10 years and then squatter must apply for registration (more later) and meet conditions
• until then paper owner can evict squatter