Q&As

A tenant owns the leasehold to a house at a peppercorn rent. The garden is an unregistered freehold and the tenant has lived in the house and used the garden for over twenty years. Can the tenant acquire a freehold interest in the garden by adverse possession or would the tenant only be able to acquire a leasehold interest?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 12/02/2019

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A tenant owns the leasehold to a house at a peppercorn rent. The garden is an unregistered freehold and the tenant has lived in the house and used the garden for over twenty years. Can the tenant acquire a freehold interest in the garden by adverse possession or would the tenant only be able to acquire a leasehold interest?

A tenant owns the leasehold to a house at a peppercorn rent. The garden is an unregistered freehold and the tenant has lived in the house and used the garden for over twenty years. Can the tenant acquire a freehold interest in the garden by adverse possession or would the tenant only be able to acquire a leasehold interest?

Any encroachments by a tenant onto land belonging to a third party which is located next to the demised land is treated as taken for the benefit of the tenant’s landlord. In Tower Hamlets LBC v Barrett [2006] P&CR 132 (not reported by LexisNexis®), Neuberger LJ stated (at para [26] onwards):

‘The doctrine [has been] clearly stated … in the following terms: “It is laid down in all the cases — whether the inclosed land is part of the waste, or belongs to the landlord or a third person — that the presumption is, that the

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