Adverse possession

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Adverse possession content

Q&As
Could prescriptive rights be acquired by long user through grazing horses on land, even though the site is not fenced nor enclosed?The essence of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Aug
Precedents
Statutory declaration — adverse possession pre LRA 2002I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a...
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10th Aug
Precedents
Statutory declaration — adverse possessionI [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a transfer...
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10th Aug
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...
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10th Aug
Precedents
Statutory declaration in support of an application for alteration of the register based on claimed adverse possession before first registration of the...
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10th Aug
Q&As
Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?One of the primary remedies sought by a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
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...
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Produced in partnership with Emma Preece of Charles Russell Speechlys 10th Aug
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...
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10th Aug
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...
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Produced in partnership with Kevin Leigh of No 5 Chambers 10th Aug
Q&As
What are the issues surrounding a squatter seeking to register common land which is unregistered after a period of adverse possession?How to claim...
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10th Aug
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...
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Produced in partnership with Carl Fain of Tanfield Chambers 10th Aug
Q&As
Following the decision in Rashid v Nasrullah [2018] EWCA Civ 2685, is there a limitation period in which an application to rectify the register must...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

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