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Subject: Adverse Possession

azrael17 24.03.20 - 10:43am
Under the new law, in land registeration act 2002 (LRA), once a minimum period of 10 years is completed, the adverse possessors files an application pursuant to Schedule 6 of the LRA to claim ownership of land, the land register office then notifies all interested parties over the land for the adverse possession, including the owner who can either allow the claim (LOL, imagine doing that), object or counter claim. Usually they object and counter-claim simultaneously, and then are given 2 years to evict the possessor from land. You can evict by initiating legal proceedings (which is literally the only way as stated by courts in the case of Markfield investments v evans and written communication to tell them to GTFO won't work.) This is where time on property really 'freezes' so after the proceedings, the adverse possessors will usually want to rely on Schedule 6 para 5, under the 3 exceptions that will allow them to take YOUR land.

http://www.legislation.gov.uk/ukpga/2002/9/schedule/6 * +

azrael17 24.03.20 - 10:46am
These exceptions are usually either if they can claim by equtiy that is they relied on YOUR assurance now to their detriment that they can live on your land, or for any other reason (which I think grants courts absurd powers, as other reasons seems too wide) or if they were genuinely mistaken as to the boundaries of the property! If these criterias are fulfiled, you cannot evict them and they will be the new registered propriter of the house, but if they can't, you may evict them. * +

azrael17 24.03.20 - 10:51am
Going back to the question, do you still think adverse possession is jusitified after the reforms under the LRA 2002? Remember, under the old law under LRA 1925, the limitation act of 1980 pursuant to s.15 and s.17 applied which means after 12 uninterrupted years of possession on your land allowed the bug*ers to claim adverse possession over your land, and pursuant to s.75 of LRA 1925, they were the beneficiries of your land and s.70(1)(f) gave them overriding interests over you and anyone who may have had interest on your land. You had virtually no protection from adverse possession prior to LRA 2002, but the reforms make adverse possession a tad bit more difficult to happen, still do you think it's continued existence is justified? * +

azrael17 24.03.20 - 10:53am
Tldr: You may lose your title to property unwittingly either if you live abroad or boundaries with your neighbors are unclear, etc, it's always worth researching the exact rights you have over your land. *

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