Chapter

Acquisition of an estate by adverse possession

Judith-Anne MacKenzie

in Textbook on Land Law

Edition 15

Published on behalf of © Judith-Anne MacKenzie and Mary Phillips 2014

Published in print July 2014 | ISBN: 9780199685639
Published online September 2014 | e-ISBN: 9780191784736 | DOI: http://dx.doi.org/10.1093/he/9780199685639.003.0008

Series: Textbook on

Acquisition of an estate by adverse possession

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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) makes major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and to registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems now in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.

Keywords: Land Registration Act 2002; land law; land acquisition; adverse possession; registered land; unregistered land

Chapter.  15065 words. 

Subjects: Land Law

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