Q&As

Once a squatter establishes title by adverse possession and is registered as the proprietor at HM Land Registry, is there a time limit within which the dispossessed owner can bring a claim for rectification?

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Produced in partnership with Emma Preece of Charles Russell Speechlys
Published on LexisPSL on 28/04/2021

The following Property Q&A produced in partnership with Emma Preece of Charles Russell Speechlys provides comprehensive and up to date legal information covering:

  • Once a squatter establishes title by adverse possession and is registered as the proprietor at HM Land Registry, is there a time limit within which the dispossessed owner can bring a claim for rectification?
  • Adverse possession
  • Rectification
  • Claims by a former paper title owner for rectification

Once a squatter establishes title by adverse possession and is registered as the proprietor at HM Land Registry, is there a time limit within which the dispossessed owner can bring a claim for rectification?

Adverse possession

A successful application for title by adverse possession will result in the squatter acquiring possessory title to land. In order to establish adverse possession, a squatter must prove:

  1. factual possession

  2. an intention to possess

  3. possession for the required period (which varies depending on whether the land the squatter seeks to acquire is registered or unregistered)

See Practice Notes:

  1. Establishing adverse possession of land

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

Rectification

The Land Registration Act 2002 (LRA 2002) makes provision for the alteration of the register on a number of grounds, including rectification. 'Rectification' means an alteration which involves the correction of a mistake and prejudicially affects the title of a registered proprietor.

Title may be rectified either

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