Concurrent registration trumps adverse possession says Brie Stevens-Hoare QC
We all know that possession is not actually 9/10ths of English property law but would probably say it counts for a lot and is a good start. The other good starting point is a registered interest. So how did the respondents in Parshall v Hackney [2013] 2 WLR 605, [2013] All ER (D) 258 (Mar) have no entitlement to property despite having registered title and 20 years plus of exclusive physical possession?
The questions
Everyone makes mistakes, even the Land Registry. Unregistered slivers of land and concurrent registration can result. The way to deal with a gap between registered titles is clear. Proceed as if seeking first registration: find evidence of paper title and/or possession, knowing adverse possession may be key. When there are two registered titles there are two registered proprietors. How do you know who is entitled to the land? How do applications for rectification of the register work? What relevance does factual possession or adverse possession have?
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