This Bloomsbury Professional book is an authoritative study of all aspects of the law and practice relating to adverse possession of registered and unregistered land. It deals with the general principles of law as well as their application in specific contexts, such as the interaction of adverse possession and illegality, and the operation of the law and procedures under the Land Registration Act 2002. The book takes account of significant legislative changes but also includes important recent cases at all levels and from a range of jurisdictions. As such it is an indispensable book not only for barristers and solicitors, but also judges and adjudicators needing a fast, clear and up to date reference source. This is the only dedicated book dealing with adverse possession that is currently in print.
Part 1 INTRODUCTION
PART 2 THE ELEMENTS OF ADVERSE POSSESSION
Part 3 THE RUNNING OF TIME
Part 4 THE EFFECT OF TIME RUNNING
No application may be made under Sch 6 during a period when the registered proprietor is a wartime enemy or detained in enemy territory, or for 12 months after the end of such a period, or during a period when the registered proprietor is unable to make, or communicate, decisions about the application because of mental disability
The effect of registration in the absence of counter-notice is that the squatter succeeds to the registered title, but free from any registered charge affecting the estate immediately before his registration
If any of the persons entitled to be served with notice of the application serves a counter-notice, the application will be dismissed unless the squatter can satisfy one of three conditions. The only one of practical importance is the third, which covers cases where there has been a reasonable mistake about the boundary between two pieces of land.
The effect of registration after service of a counter-notice is that the squatter succeeds to the registered title, but may be subject to any registered charge affecting the estate immediately before his registration, with provision for the apportionment of such charges
Where the squatter's application is rejected and he subsequently remains in adverse possession for two years from the date of that rejection, he acquires the right to be registered as proprietor of the land
Part 5 SPECIAL CASES