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Adverse Possession + LRA - Coggle Diagram
Adverse Possession + LRA
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Reg Land under LRA 2002
new LRA procedures operate to alert registered proprietors that their land has been occupied for at least 10 and reply TOC p.29
A person who has been in adverse possession for at least the last 10 years can apply to be registered as proprietor TOC p.29
If no objections are lodged, the adverse possessor is entitled to be registered as the new proprietor TOC p.29
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Estoppel
Under para.5(2) Schedule 6 LRA 2002 an adverse possessor can insist on registration where it would be unconscionable for the registered proprietor to dispossess them TOC p.30
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Oct 13, 2003
Before
After 12 years, the registered proprietor would have the legal title but be holding the equitable title on trust for the squatter TOC P. 42
a registered proprietor banned from bringing a claim after the squatter was in ad. possession for 12 years TOC p.42
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After
section 96 of the 2002 Act applies., no limitation period running against the proprietor TOC p.42
no matter how long a squatter is in adverse possession of registered title for, the registered proprietor will never automatically lose title to their land TOC p.42
squatter still needs to prove factual possession, an intention to possess and that the possession is adverse, so without the registered owner’s consent. TOC p.42
Notification will also be given to the proprietor of any registered charge, such as a lender and anyone else who is entitled to be notified, such as people with an interest in the land TOC p.42