Claiming title by adverse possession under the Land Registration Act 2002
Claiming title by adverse possession under the Land Registration Act 2002

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Claiming title by adverse possession under the Land Registration Act 2002
  • Introduction
  • Overview of the new regime under LRA 2002
  • The new regime
  • Application for registration
  • Registrar’s notice
  • Counter notice
  • Paragraph 5 conditions
  • Grounds for resisting second application
  • Title granted
  • more

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:

  1. Establishing adverse possession of land

  2. Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925

  3. Adverse possession and leases

Introduction

The Land Registration Act 2002 (LRA 2002) came into force on 13 October 2003. It wholly repeals the Land Registration Act 1925 (LRA 1925), but subject to transitional provisions. It is these transitional provisions which preserve the old regime for claiming title by way of adverse possession in relation to:

  1. unregistered land, and

  2. registered land where the right to be registered was acquired before 13 October 2003

For more information on the old regime, see our Practice Note: Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925.

Overview of the new regime under LRA 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 our Practice Note: Establishing adverse possession of land.

The new regime abandons the concept of a person (referred to in this Practice Note as ‘the squatter’) acquiring title after having been