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Adverse possession and leases

This is one of four Lexis®PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925•Claiming title by adverse possession under the Land Registration Act 2002Adverse possession of the demised premises by a squatterThe tenant’s positionA squatter will extinguish a tenant’s title to the demised premises if the squatter can show adverse possession for an uninterrupted period of at least twelve years:•at any time (where the lease is unregistered), or•before 13 October 2003 (where the lease is registered)As a result, the squatter will be entitled to apply to be registered as the proprietor. For further information, with particular reference to the position where the lease is unregistered, see HM Land Registry Practice Guide 5, para 7.1.In the case of an unregistered lease, the relevant provisions are the Limitation Act 1980 (LA 1980) ss 15, 17 and Sch 1. In the case of a registered lease where the squatter can show adverse possession for...

Adverse possession and leases

Adverse possession and leases This is one of four Practice Notes on adverse possession. The others are: • Establishing adverse possession of land • Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 • Claiming title by adverse possession under the Land Registration Act 2002 Adverse possession of the demised premises by a squatter The tenant’s position A squatter will extinguish the tenant’s title to the demised premises if the squatter can show adverse possession for an uninterrupted period of at least twelve years: • at any time (where the lease is unregistered), or • before 13 October 2003 (where the lease is registered) As a result, the squatter will be entitled to apply to be registered as the proprietor. For further information, with particular reference to the position where the lease is unregistered, see HM Land Registry Practice Guide 5, para 7.1. For more information, see Practice Notes: Establishing adverse possession of land and Claiming title by adverse possession under the Limitation...

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Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled I, [name] of [address], do solemnly and sincerely declare that: 1 On [date] I [and my [wife OR husband OR [other]] ] lodged at HM Land Registry an application to be registered as proprietor of the land ('the Blue Land') edged blue on the plan (now produced and shown to me and marked '1') attached to this declaration ('the Plan'). The freehold estate in the Blue Land is registered, together with that of other land, under title [title number of neighbouring property] of which the registered proprietors are [name(s) of owner(s) of neighbouring property] (‘[define by name, eg 'Mr (and Mrs) Smith’]’). 2 As a result of that application, HM Land Registry issued notices to a number of people, including [Mr (and Mrs) Smith], and [Mr (and Mrs) Smith] responded to the notices issued to them by requiring...

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Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership?

Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership? Section 15 of the Limitation Act 1980 (LA 1980) imposes a limitation period of 12 years on the legal owner of land from seeking to recover it from a person who is in adverse possession of it. If that period passes without the land owner seeking to recover the land by action, the legal owner’s title will be extinguished. LA 1980, s 15 still applies in relation to unregistered land but not in relation to registered land. The register is the basis of title to registered land and so there is far less justification for the limitation period set out. The Land Registration Act 2002 (LRA 2002) changed the law in respect of adverse possession of registered land. Ignoring for the current purposes the transitional provisions, an adverse possessor of registered land can, after ten years adverse possession, apply...

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Property weekly highlights—8 May 2025

This week's edition of Property weekly highlights includes: a Supreme Court decision on the qualifying period for adverse possession, cases on adverse possession and death, consideration for interim access under the Telecoms Code, overriding interests, discharge of obsolete restrictive covenants and service charges for substandard work, plus an update on Law Commission recommendations.

Property Disputes weekly highlights—8 May 2025

This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision concerning the qualifying period for adverse possession, the progress of the Renters’ Rights Bill, Upper Tribunal decisions where nominal consideration only was awarded for survey access under the Electronic Communications Code, the discharge of an obsolete personal covenant and the remission of a service charge dispute back to the First-tier Tribunal due to the lack of explanation regarding the reasonableness of the amounts charged. It also includes a High Court decision that a mortgage took priority over the interest of a defendant who was not in actual occupation, the Master of Rolls’ speech on the Digital Justice System and the Royal Institution of Chartered Surveyors’ practice alert on expert witness standards in housing disrepair cases.