Trespass and adverse possession

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Time limits and extension of statutory period under LTA 1954

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Most recent Trespass and adverse possession content

Practice notes

Common time limits for property disputes lawyers

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...

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Practice notes

Claiming title by adverse possession under the Land Registration Act 2002

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...

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Practice notes

Adverse possession and leases

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...

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Precedents

Statutory declaration — adverse possession

I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a transfer dated [insert date] made between (1) [insert...

26th Sep

Precedents

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled

I [insert name] of [address], do solemnly and sincerely declare as follows:1On [insert date] I lodged at HM Land Registry an application to be...

26th Sep

Precedents

Statutory declaration — adverse possession pre LRA 2002

I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a transfer dated [insert date] made between (1) [insert...

26th Sep

Precedents

Statutory declaration in support of an application for alteration of the register based on claimed adverse possession before first registration of the land

I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a conveyance (the ‘Conveyance’) dated [insert date] made...

26th Sep

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Quick guide to where to issue common property dispute applications

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Precedents

Statutory Declaration—formal wording

I [insert name] of [address], do solemnly and sincerely declare as follows:[Insert the matters verified in num...

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Q&As

How can an action for trespass to land be brought and who should be the claimant in such a claim?

The concept of possession is crucial to our system of property law. When considering the entitlement to rights, the search is often for the person who...

28th Sep

Q&As

Can adverse possession be claimed over land owned by a railway? Is there any case law on this?

We have not seen anything in the commentary on adverse possession which excludes land used for railway undertakings. However, the following may be...

Produced in partnership with Helen Galley of XXIV Old Buildings 28th Sep

Q&As

If a neighbour’s stable door opens onto our client’s property, is that trespass, or is there an implied right to open such a door?

Trespass to land is a tort which includes physically entering or remaining on land in the possession of another or placing an object on or projecting...

Produced in partnership with Emma Preece of Charles Russell Speechlys 28th Sep

Q&As

If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?

We have assumed that the lease is registered.The Land Registry Practice Guide 4 at paragraph 5.4 states that:'If we do not receive a counter notice...

Produced in partnership with Carl Fain of Tanfield Chambers 28th Sep

Q&As

Where land has been occupied by an adjoining owner (who has since died) and never fenced in and the adjoining owner’s immediate successor is not interested in claiming/using the land, how should the release of any occupation/adverse possession rights be documented and will any such consensual arrangement defeat any future adverse possession claim by the successor?

Adverse possession—requirementsFor a person to be able to acquire title to land through adverse possession, there are certain requirements which must...

Produced in partnership with Kate Andrews of Hamlins 28th Sep

Q&As

Is it possible to acquire a residential registered property by adverse possession now that squatting in a residential property is a crime?

On 1 September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) made squatting in residential premises...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

Can a discharged bankrupt (B) make an application for adverse possession of land where: B was once the registered proprietor of the land but his interest in the land was disclaimed by his Trustee in Bankruptcy during his bankruptcy, and B has remained in occupation of the land since the disclaimer for over ten years?

BankruptcyWhile this Q&A mentions both undischarged and discharged bankrupt, we have focused on ‘discharged’. We have also assumed that this Q&A is...

28th Sep

Q&As

Can a tenant who believed a garage was part of their demise and used it as such for over 30 years claim adverse possession after finding out subsequently they have no right to it under the lease?

This Q&A is fact specific and will depend on:•whether the land was registered or unregistered. In relation to registered land, see Practice Notes:...

Produced in partnership with Carl Fain of Tanfield Chambers 28th Sep

Q&As

We have issued a claim for repossession of residential property and monies owed under a maintenance or agency verbal contract. The defendant is not a tenant nor has he ever been and is therefore trespassing. We wish to apply for summary judgment. Under CPR Part 24.3(2)(a)(ii) we cannot apply for summary judgment if the defendant is a tenant or person holding over after the end of his tenancy whose occupancy is protected within the meaning on the Rent Act 1977 or the Housing Act 1988. Is a trespasser protected within the meaning of Rent Act 1977 or the Housing Act 1988?

A trespasser is not protected under the Rent Act 1977 or Housing Act 1988; the residential statutory protection schemes only applies t...

28th Sep

Q&As

A period of adverse possession of unregistered land can be brought to an end by a signed, written acknowledgement of the owner’s title. Is it possible to interrupt adverse possession of registered land in the same way?

Since the coming into force of the Land Registration Act 2002 (LRA 2002), the means by which title to land can be acquired by adverse possession...

28th Sep

Q&As

An individual has entered into occupation of a registered property (mixed use). There are two commercial units and four flats. They claim the properties were abandoned and have purported to grant commercial and residential tenancies of these properties. Are the tenancies are void and of no effect? Would they receive rents and hold on trust for the owner?

A trespasser is a person who enters or remains on another person’s land without the permission of the person who has the right to immediate possession...

Produced in partnership with Elizabeth England of 42 Bedford Row 28th Sep