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Q&As
What is the process for stopping the clock with regard to adverse possession, in particular this relates to registered land? How is the paper title owner able to retain possession?
The old common law rules of adverse possession continue to apply to claims against the unregistered land, but also against the registered land where a claim can be made on the basis that the adverse possession had commenced by 13 October 1991. The reason is that the old valid claims are preserved upon the coming into force of the Land Registration Act 2002 (LRA 2002) on 13 October 2003. There were also transitional provisions for three years from 13 October 2003 for registered dispositions. See Practice Note: Claiming title by adverse possession under the Land Registration Act 2002.
In any other case of adverse possession against a registered title, one must consider carefully the provisions of the LRA 2002 and the associated Land Registration Rules 2003 (LRR 2003), SI 2003/1417.
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Practice notes 1
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