Q&As

A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on LexisPSL on 15/01/2020

The following Property Disputes Q&A produced in partnership with Carl Fain of Tanfield Chambers provides comprehensive and up to date legal information covering:

  • A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord?

A tenant has been in occupation of unregistered land outside of their demise. Assuming that this additional land is deemed to be included within the demise, who would make the application for first registration on the basis of adverse possession—the tenant or the landlord?

For the purpose of this Q&A we have assumed that:

  1. the enclosed land is not tenanted

  2. the demised land of the tenant is registered

  3. the lease has more than seven years left to run

  4. the land

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