Q&As

If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be subject to those obligations?

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Published on LexisPSL on 05/03/2021

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

  • If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be subject to those obligations?
  • Planning obligations and local land charges
  • Enforcement of planning obligations
  • ‘Persons deriving title’
  • Effect of registration following adverse possession

If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be subject to those obligations?

Planning obligations and local land charges

A planning obligation created by a section 106 agreement is a local land charge for the purposes of the Local Land Charges Act 1975 (LLCA 1975) and should be registered as a local land charge. A local authority search should reveal planning obligations in relation to a property searched against. However, if an obligation is not registered as a local land charge, it will still be binding against a buyer of the land, but the buyer can be compensated for loss suffered as a result of the lack of registration. For further information, see Practice Notes: Planning obligations—key points and Planning local authority searches.

Enforcement of planning obligations

Section 106(4) of the Town and Country Planning Act 1990 (TCPA 1990) provides that a section 106 agreement can provide that a person will no longer be bound by the agreement after it no longer has an interest in the land. Therefore, where a section 106 agreement contains a clause that once a party has parted with their interest in the land they will no longer be bound, the agreement will no longer be enforceable against the party which has parted with its

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