News 4
Q&As
Can a discharged bankrupt (B) make an application for adverse possession of land where: B was once the registered proprietor of the land but his interest in the land was disclaimed by his Trustee in Bankruptcy during his bankruptcy, and B has remained in occupation of the land since the disclaimer for over ten years?
Bankruptcy
While this Q&A mentions both undischarged and discharged bankrupt, we have focused on ‘discharged’. We have also assumed that this Q&A is referring to freehold land and not a residential dwelling in respect of which the three-year rule applies. See Practice Note: The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986
Any interest in real property held by the bankrupt at the date the bankruptcy commences will vest in the trustee. This would include the legal title and the right to be registered as the legal proprietor where the bankrupt is the sole owner. In cases where the bankrupt and another or others are the joint registered proprietors of real property, the bankrupt and the other co-owner(s) will hold the property on trust
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Related documents:
- Administration Expenses—Lundy Granite principle (Re London Bridge Entertainment Partners LLP (in adm...
- Adverse possession and registered land (Dowse v Bradford MBC)
- Can a trustee in bankruptcy apply for a vesting order post-disclaimer? (Sleight (as trustee of the e...
- Corporate Insolvency and Governance Act 2020—extension of temporary measures
Practice notes 1
Precedents 1
Q&As 6
- A tenant has been in occupation of unregistered land outside of their demise. Assuming that this add...
- Does the third condition in paragraph 5 of Schedule 6 to the Land Registration Act 2002 (LRA 2002) m...
- If an individual acquires land by adverse possession which is subject to ongoing obligations under a...
- Once a squatter establishes title by adverse possession and is registered as the proprietor at HM La...
- When a person makes an application for adverse possession (in respect of registered land), will a no...
- Where land has been occupied by an adjoining owner (who has since died) and never fenced in and the...