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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 07/04/2017

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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, notice is given to the registered proprietor, who can then oppose the application by the service of a

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