Adverse possession

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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

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Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

Precedents

Grant of a right for overhanging eaves

1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...

9th Nov

Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

9th Nov

Practice notes

The ‘ad medium filum’ rule

The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...

9th Nov

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

9th Nov

Practice notes

Headline rents

What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...

9th Nov

Practice notes

Without prejudice and subject to contract

Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...

9th Nov

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

9th Nov

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

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9th Nov

Practice notes

Quistclose trusts

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Practice notes

Manorial rights

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9th Nov

Practice notes

Equitable mortgages and equitable charges—general principles and registered land

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Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

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Practice notes

The equity of redemption

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Practice notes

What is a certificate of title?

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9th Nov

In-house

Most recent Adverse possession content

Q&As

Is stamp duty land tax due when you acquire land by adverse possession?

Is stamp duty land tax due when you acquire land by adverse possession?Stamp duty land tax (SDLT) is charged on chargeable land transactions under...

13th May

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?

Adverse possessionA successful application for title by adverse possession will result in the squatter acquiring possessory title to land. In order to...

Produced in partnership with Emma Preece of Charles Russell Speechlys 29th Apr

Practice notes

Establishing adverse possession of land

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Claiming title by adverse possession under the Limitation Act 1980...

19th Apr

Practice notes

Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925

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

8th Apr

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...

8th Apr

Q&As

Is there any authority to confirm that a bus shelter built on unregistered land (not highway) can give rise to a claim for adverse possession by the Highway Authority?

Adverse possession is the term utilised where a person who has been in continuous possession and use of land belonging to another, without their...

1st Apr

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?

Planning obligations and local land chargesA planning obligation created by a section 106 agreement is a local land charge for the purposes of the...

30th Mar

Q&As

My client owns land that appears to also be a public highway. He has always maintained that land and was unaware that it was public highway. A developer has built out adjoining land and has paved part of my client's land (where it splays out to the road) as part of the driveway to the new estate. This has been done without my client being consulted by the Local Authority or the Developer. Can you offer any guidance as where my client may stand in respect of this land?

Party owns and has maintained land which it transpires is a public highwaySeveral interests can exist in the same piece of highway land. Highway land...

25th Mar

Practice notes

Trespassers—possession proceedings

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

10th Mar

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...

25th Feb

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...

12th Feb

Q&As

Does a senior person signing the statement of truth in support of an adverse possession claim need to have personal knowledge of occupation of the property for the entire ten-year period? If the senior person has held their post for a few years, but manages a team that has managed the site for several decades, and notes this position in the statement, will this be sufficient for adverse possession claims?

Adverse possession (often colloquially referred to as ‘squatters’ rights) was until 2003 a common law doctrine that enabled a person who had been in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

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...

22nd Jan

Q&As

A client wishes to claim ownership of adjacent land by adverse possession. The client is elderly and has granted a power of attorney to his son. Can the son make and swear the statutory declaration for the purposes of the adverse possession claim?

Traditionally, a squatter's application is made using Form Application for Registration of Person in Adverse Possession supported by a statutory...

22nd Jan

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...

22nd Jan

Q&As

If a claim for adverse possession of registered land succeeds and the land is transferred out of one title and registered under a new title number, do the restrictive covenants on the previous title continue to run, or are they extinguished by virtue of the adverse possession?

If the title to the land is already registered, the claimant steps into the shoes of the registered proprietor and inherits the existing class of...

22nd Jan

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...

22nd Jan

Q&As

The tenant of a flat has the benefit of a balcony but there is no right to use it in the lease and it is not included within the demise. Can a tenant acquire prescriptive rights over a balcony or could it be an implied grant?

A tenant cannot obtain prescriptive rights against their landlord (see Simmons v Dobson). Depending on the facts when the lease was granted, it is...

22nd Jan

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 party wishing to assert ownership of a piece of land is declaratory relief. This is usually brought by way of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As