Thursday, 25 April 2013

The Procedure for Adverse Possession

  1. The future rights of an adverse possessor arise out of the Limitation Act 1980 s.15 (1) “No action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person.”
  2. First adverse possession must be established via factual possession and animus possidenti.
  3. Then identify if the land is registered or unregistered
  4. Then identify is the adverse possession is a case pre-2003 or post 2003
  5. If it is pre-2003 and unregistered, after 12 years the land automatically becomes the adverse possessors under s17 of The Limitation Act.
  6. If it is pre-2003 and registered, after 12 years, the land is held on trust under s75 Land Registration Act, an extra three years is required for procedural reasons and after 15 years  the possessory title is changed.
  7. If the 12 years end after 2003, the unregistered rules do not change.
  8. If the 12 years end after 2003 and the land is registered, after 10 years the adverse possessor can apply to the land registry and the paper owner is given 65 working days to respond. If he does not respond, then the land becomes the squatters otherwise the owner is given two years to chuck the squatters out. 
  9. In September 2012, criminalization of adverse possession in residential areas can into form.
  10. Also note that under LRA 2006 Sch 6  para 8(2)  no application for adverse possession can be made where the registered propriatrator is mentally disabled, ill or abroad does not matter. 

No comments:

Post a Comment