Chapter 8 Key facts checklists

Adverse possession

To establish adverse possession of any type of land there must be:
– factual possession of the land by the adverse possessor; and
– the adverse possessor must have the requisite intent to possess.
In unregistered land, after 12 years’ adverse possession the paper owner will be statute-barred from seeking recovery of his land.
In registered land:
– where 12 years’ adverse possession are completed prior to 13 October 2003, then the paper owner will hold the property on trust for the adverse possessor;
– where 12 years’ adverse possession are completed after 13 October 2003, then the paper owner will no longer be statute-barred but must comply with the new rules under the LRA 2002 (which radically altered the rules in relation to registered land).
Leasehold land can be subject to adverse possession but this will not act against the freeholder unless there is a period of adverse possession against him after the lease expires.
Whilst human rights issues have been raised about this area of law, recent European case law suggests that no human rights are violated by the existence of this law.