Q&As

A Council owns registered land which is earmarked for future housing development. The occupier of the adjacent property, which is held under a secure tenancy from the Council, claims to have rights over the land as the result of various activities (including storage of chattels). The Council is keen to avoid a potential claim of adverse possession. Are there any steps that a landlord can take to warn off its own secure tenant even though the site sits outside the secure tenancy and even though no notice of a claim for adverse possession has been received?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 03/11/2020

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

  • A Council owns registered land which is earmarked for future housing development. The occupier of the adjacent property, which is held under a secure tenancy from the Council, claims to have rights over the land as the result of various activities (including storage of chattels). The Council is keen to avoid a potential claim of adverse possession. Are there any steps that a landlord can take to warn off its own secure tenant even though the site sits outside the secure tenancy and even though no notice of a claim for adverse possession has been received?

Where a person has been in factual possession of land owned by another for a specified period and where that person has an intention to possess and the land owner has not consented, he may be entitled to claim to be registered as the owner of that land. This is known as adverse possession (though sometimes is referred to as 'squatter’s rights') and, since 13 October 2003 has been governed by the Land Registration Act 2002 (LRA 2002). Prior to the commencement of LRA 2002 the doctrine was governed by the common law, with the leading modern case being J A Pye (Oxford) Ltd v Graham. Under the common law, a landowner after 12 years’ adverse possession was barred by limitation from initiating proceedings to recover possession of the land. Since the advent of LRA 2002, the relevant period has been reduced to 10 years, but the landowner is given the

Related documents:

Popular documents