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<h1><font size=5><b>Squatters’ Rights: Claiming Unregistered Unused Land
As Your Own or ‘Adverse
Possession’</b></font></h1>
<a href="https://tlio.org.uk/squatters-rights-claiming-unregistered-unused-land-as-your-own-or-adverse-posession/" eudora="autourl">
https://tlio.org.uk/squatters-rights-claiming-unregistered-unused-land-as-your-own-or-adverse-posession/</a>
<a href="https://tlio.org.uk/squatters-rights-claiming-unregistered-unused-land-as-your-own-or-adverse-posession/">
10 March 2023</a> <a href="https://tlio.org.uk/author/tony/">Tony
Gosling</a>
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REDISTRIBUTE NATURAL WEALTH NOW! How to claim your own land
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https://youtu.be/VMVKKdn3bx8<br>
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<img src="cid:7.0.1.0.1.20230310011040.007035f8@cultureshop.org.uk.0" width=732 height=318 alt="Emacs!">
</b><br>
rior to the coming into force of the Land Registration Act 2002, a
squatter could acquire the right to be registered as proprietor of a
registered estate if they had been in adverse possession of the land for
a minimum of 12 years. However, the doctrine of adverse possession did
not fit easily with the concept of indefeasibility of title that
underlies the system of land registration. Nor could it be justified by
the uncertainties as to ownership which can arise where land is
unregistered; the legal estate is vested in the registered proprietor and
they are identified in the register.<br><br>
The Land Registration Act 2002 has created a new regime that applies only
to registered land. This new regime is set out in Schedule 6 to the Act.
It makes it more likely that a registered proprietor will be able to
prevent an application for adverse possession of their land being
completed. The following paragraphs provide a brief overview of the new
regime; the remaining sections of this guide discuss it in more
detail.<br><br>
adverse possession of registered land for 12 years of itself will no
longer affect the registered proprietor’s title<br><br>
after 10 years’ adverse possession, the squatter will be entitled to
apply to be registered as proprietor in place of the registered
proprietor of the land<br><br>
on such an application being made the registered proprietor (and certain
other persons interested in the land) will be notified and given the
opportunity to oppose the application<br><br>
if the application is not opposed (by ‘opposed’ we mean that a counter
notice is served; see Giving counter notice to the registrar in response
to notice. Instead, or at the same time, the registered proprietor may
object to the application on the ground that there has not been the
necessary 10 years’ adverse possession; see Objecting to the squatter’s
application for the implications of such an objection.), the squatter
will be registered as proprietor in place of the registered proprietor of
the land<br><br>
if the application is opposed, it will be rejected unless either<br><br>
it would be unconscionable because of an equity by estoppel for the
registered proprietor to seek to dispossess the squatter and the squatter
ought in the circumstances to be registered as proprietor<br>
the squatter is for some other reason entitled to be registered as
proprietor<br><br>
the squatter has been in adverse possession of land adjacent to their own
under the mistaken but reasonable belief that they are the owner of it,
the exact line of the boundary with this adjacent land has not been
determined and the estate to which the application relates was registered
more than a year prior to the date of the application.<br><br>
in the event that the application is rejected but the squatter remains in
adverse possession for a further 2 years, they will then be able, subject
to certain exceptions, to reapply to be registered as proprietor and this
time will be so registered whether or not anyone opposes the
application<br><br>
<a href="https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land" eudora="autourl">
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land<br>
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