header-logo header-logo

03 June 2022 / Richard Oughton
Issue: 7981 / Categories: Features , Property
printer mail-detail

Reasonable belief in adverse possession

83601
Any ten years will do: Richard Oughton hails the return of clarity & common sense to claims for adverse possession
  • In claiming title by adverse possession of registered land upon the ground of an uncertain boundary, a party must reasonably believe that they own the disputed land for ten years.
  • As a result of two decisions of the Court of Appeal, it has previously been unclear whether any ten years could be relied upon, or if the ten years had to be immediately before the application to the Land Registry.
  • The recent decision of the First-tier Tribunal in Crook v Zurich has decisively resolved the point by holding that any ten years’ belief is sufficient.

The Land Registration Act 2002 (LRA 2002) prospectively restricted the acquisition of title by adverse possession to registered land, save in three specific cases, although in each of these cases, the period of adverse possession is reduced from twelve to ten years. The only important case is para 5(4) of Sch 6, LRA 2002 which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll