Adverse possession and the Land Registration Act 2002

by Practical Law Property

A practice note that examines the framework for claiming adverse possession of registered land under the Land Registration Act 2002 (LRA 2002). This practice note outlines the significant shift from the previous regime under the Limitation Act 1980 (LA 1980), explaining that title is no longer automatically extinguished by a limitation period. Instead, this practice note details the modern procedure where a squatter with ten years of adverse possession may apply to the Land Registry to be registered as the new proprietor. It explores the critical notification and counter-notice process, which gives the registered proprietor an opportunity to object. The application will be rejected if opposed, unless the squatter can satisfy one of three statutory conditions, such as those relating to proprietary estoppel or boundary disputes. This Practice Note also discusses the squatter's right to make a second application, the defences available in possession proceedings, and special cases involving trusts, tenants, and rentcharges. It provides essential guidance for landowners on safeguarding their interests against claims for adverse possession.