Q&As

Can an application for adverse possession be made for a rentcharge where the possession will have occurred prior to 6 April 2014 and the rentcharge is not registered nor the owner of the rentcharge known?

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Published on LexisPSL on 14/07/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can an application for adverse possession be made for a rentcharge where the possession will have occurred prior to 6 April 2014 and the rentcharge is not registered nor the owner of the rentcharge known?
  • Adverse possession
  • Unregistered land
  • Registered land
  • Rentcharges
  • Adverse possession of rentcharges

Can an application for adverse possession be made for a rentcharge where the possession will have occurred prior to 6 April 2014 and the rentcharge is not registered nor the owner of the rentcharge known?

Adverse possession

Unregistered land

A claim to title by way of adverse possession in relation to unregistered land is governed by sections 15, 17 and Schedule 1 to the Limitation Act 1980 (LA 1980). In summary, the true owner of land who has been dispossessed by another person (referred to in this Q&A as ‘the squatter’) has 12 years from the date on which they were dispossessed within which to bring an action to recover possession of the land from the squatter. If they do not do so, their title to the land is extinguished and title is acquired by the squatter, who can then apply for first registration. As to what constitutes ‘adverse possession’, see Practice Note: Establishing adverse possession of land.

Registered land

The Land Registration Act 2002 (LRA 2002) introduces an entirely different regime for claiming title by way of adverse possession in relation to registered land where any part of the required period of possession falls on or after 13 October 2003. An explanation of the ‘required period of possession’ is contained in Practice Note: Establishing adverse possession of land.

However, if a squatter can show adverse possession of registered land

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