Changes took place to the law of adverse possession following the Land Registration Act 2002. Previously a squatter who had clocked up 12 year's adverse possession could acquire the land. There is now a distinction between registered and unregistered land.
The new rules mean that a squatter who occupies registered land for ten years may apply to the Land Registry for his interest to be registered. The title owner will be told about the application and have a chance to object. Only if the landowner fails to object and take steps to end the adverse possession will the squatter succeed.
To assist with the introduction of the new rules for registered land, a transitional period has been in place that ended on 13 October 2006. Extra protection was given to squatters who had established the 12 years' occupation prior to 13 October 2003, the date when the 2002 Act came into force. They were allowed to claim under the old rules and their rights were binding on buyers of the land. This was the case whether or not they were in occupation at the time of the sale. However, from 13 October 2006 the rights are only enforceable against buyers or mortgagees of the land if the squatter is still in occupation of the land. If the occupation would not have been obvious to a buyer when he was inspecting the land and the buyer had no knowledge of the squatter's presence the buyer takes the land free from any interest of the squatter.
This makes the position of a buyer of registered land easier. If you are buying land and can see that someone is in occupation of land, ask whether they have any rights.
For unregistered land, the position is the same as before the Act came in. 12 years adverse possession will entitle the occupier to the land and therefore you are in a stronger position than a squatter on registered land.
The procedures relating to adverse possession mean that it is harder for a squatter to obtain title against registered land than unregistered land. If you have been in adverse possession of registered land for at least 12 years prior to 13 October 2003 you need to register your interest now. If you do not, your rights will be extinguished if the land is sold and you are not in occupation at the time of the sale.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 17/10/2006.
