Subscriber-only episode

Adverse possession operates differently in unregistered versus registered land, with specific conditions creating complexities around disability, successive interests, and limitation periods. This episode explores the legal frameworks governing how adverse possessors can acquire title under both systems, examining the significant changes introduced by the Land Registration Act 2002.
• Special time extensions apply when paper owners are under disability (defined as infancy or unsound mind) at the commencement of adverse possession
• For unregistered land, disabled owners have 12 years from adverse possession start or 6 years from disability end, whichever is longer, with a 30-year maximum
• Land held on trust has specific rules where trustees' legal estate isn't barred until all beneficial interests are barred
• Registered land requires at least 10 years of adverse possession and meeting specific conditions including occupancy requirements
• The Land Registration Act 2002 fundamentally changed the system—adverse possession no longer automatically affects the proprietor's title
• Adverse possessors must apply to the Land Registry with proprietors given opportunity to object
• If rejected initially, adverse possessors remaining for a further two years gain absolute right to register on second application
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