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?

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Published on: 10 November 2017
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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

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Jurisdiction(s):
United Kingdom
Key definition:
Adverse possession definition
What does Adverse possession mean?

The means of acquiring title to land by long possession.

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