Land Registry has clarified its guidelines on adverse possession following Nicholas Strauss QC’s ruling in Beaulane Properties Ltd v Palmer [2005] PLSCS 64; [2005] 14 EG 129 (CS).
The additional guidance supplements Practice Guide 5 – Adverse possession of unregistered land and transitional provisions for registered land in the Land Registration Act 2002.
It states that “where an application is made under paragraph 18 of Schedule 12 to the Land Registration Act 2002, and the necessary period of adverse possession started after 2 October 1988, the applicant must show an arguable case for the possession being inconsistent with the use or intended use of the land by the registered proprietor, and not merely that the possession was without the registered proprietor’s consent.”
The guidance can be viewed at Land Registry’s website by clicking here.
Land Registry has clarified its guidelines on adverse possession following Nicholas Strauss QC’s ruling in Beaulane Properties Ltd v Palmer [2005] PLSCS 64; [2005] 14 EG 129 (CS).
The additional guidance supplements Practice Guide 5 – Adverse possession of unregistered land and transitional provisions for registered land in the Land Registration Act 2002.
It states that “where an application is made under paragraph 18 of Schedule 12 to the Land Registration Act 2002, and the necessary period of adverse possession started after 2 October 1988, the applicant must show an arguable case for the possession being inconsistent with the use or intended use of the land by the registered proprietor, and not merely that the possession was without the registered proprietor’s consent.”
The guidance can be viewed at Land Registry’s website by clicking here.
