Adverse Possession And Registered Land

• Published date: 18 September 2020
• Law Firm: Charles Russell Speechlys LLP
• Author: Oliver Park

In Dowse and Another v City of Bradford Metropolitan District Council [2020] UKUT 202 (LC), the Upper Tribunal (Lands Chamber) (following a fully remote hearing conducted over Skype for Business) highlighted how the right of 'adverse possession' has been severely limited by the effect of the Land Registration Act 2002 for registered land.

The Land Registration Act 2002

Before 13 October 2003, if a squatter with the necessary intention to possess, occupied land with a sufficient degree of occupation and control for 12 years then they could (subject to some exceptions) gain registered title to the land through adverse possession.

The Land Registration Act 2002 ("the Act") dramatically restricted this right (as indeed it was intended to). The time period that land had to be possessed for in order for an occupier to...