Q&As

A and B made an oral agreement to transfer land from A to B, B agreeing to fund and erect a fence on the new boundary, however the land was never legally transferred to B. B then sold its land to C. Can C rely on B’s conduct to claim an equity by estoppel in an application for adverse possession? What if A has since sold its land to D?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 07 April 2017
imgtext

The Land Registration Act 2002 (LRA 2002) created a new regime in respect of the law of Adverse possession in respect of registered land, as set out in LRA 2002, Sch 6. The new regime gives greater protection to landowners where a claim for adverse possession of land is made. The fact of adverse possession for a period in excess of 12 years no longer means that the land will have been acquired by the adverse possessor. Instead, after a period of ten years of adverse possession, the squatter can apply to be registered as proprietor of that land. On the making of an application,

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Equity definition
What does Equity mean?

Capital that is used to finance companies in the form of ordinary share capital as opposed to debt finance. The term is also sometimes used to describe preference shares or subordinated loan capital contributed by equity investors (commonly known as quasi-equity) to distinguish it from third party debt.

Read more readmore

Popular documents

Standard Commercial Property Conditions (Second Edition)

Standard Commercial Property Conditions (Second Edition)The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and those conditions were incorporated into many contracts for the sale and purchase of commercial property. The Standard

How do you register an easement over unregistered land, is it by way of a caution against first

How do you register an easement over unregistered land, is it by way of a caution against first registration?Assuming the easement is a legal easement, it can be registered by way of a caution against first registration (and if the dominant land is registered, by registering the benefit of the

Is a deed of variation of a registered lease a disposition for the purposes of a Land Registry

Is a deed of variation of a registered lease a disposition for the purposes of a Land Registry restriction which prohibits dispositions without the consent of a third party?Section 40(1) of the Land Registration Act 2002 (LRA 2002) provides for entries in the register preventing or regulating the

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and