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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Squatters Rights abolished in LRA 2002?

Customer Question

Squatters Rights abolished in LRA 2002? I was of the impression that pre-LRA2002 APers, after 12 years of Adverse Possession, applied for "Possessory Title" and then after another 12 years of AP applied for an upgrade to Absolute Title. Then in LRA 2002 this changed to


Unregistered Land: The APer applied directly for Absolute Title after min 12 years.


Registered Land: After min 10 years, upon receiving an application for registration from an APer, the LR writes to the registered owner and gives them 2 yeras to regain possession. If the APer is still in possession of the land after a further min. 2 years, then the APer will be accorded Absolute Title.


I was informed that applications directly for "possessory title" ("squatter's rights") was abolished in LRA2002. The LR prefer that anyone who has aquired sufficient interest in a property apply for absolute tile. Either they do or don't own the land. This is more in accordance with the Limitations Act 1980. The LR only accord Possessory Title in exceptional circumstances, where the APer has applied for Absolute Title but not quite succeeded in persuading / proving to the LR that they have clearly been in AP of that property for the requisite 12 years - it is a way for the LR, in these last remaining narrow cicymstances, to recognise the applicants possession of the property, without the LR having to vouch for (potentially compensate owners for) a recognition of ownership. Is my understanding of the situation correct? Please can you annotate this answer with YES, NO, or COMMENTS Thanks Andrew

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. Now you have to occupy excluding all others for ten years, then apply to the land registry of an application to register the land, they will notify the owner who will have a limited time to object. If they object the application fails, if they do not object or fail to respond the land is transferred.
AlexWatts2013 : Please see http://www.landregistry.gov.uk/professional/guides/practice-guide-5
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
JACUSTOMER-wf2ih2bd- :

I am sory Alex - but I asked the question of David (Wingroverbuyer) who has been helping me for the last few months with this matter.

JACUSTOMER-wf2ih2bd- :

I needed a specific answer to each question - not to a document I have read many times already.

JACUSTOMER-wf2ih2bd- :

AlexWatts - can you use the "Questions and "Answers" format to respond to me - the "Chat" format does not work stably on Chrome - nor do I like it's messiness

JACUSTOMER-wf2ih2bd- :

The document you gave me a link to:

JACUSTOMER-wf2ih2bd- :

tp://www.landregistry.gov.uk/professional/guides/practice-guide-5

JACUSTOMER-wf2ih2bd- :

Is one that I have read, along with many other associated documents from this and other sources. This does not assist me in answering my question.

JACUSTOMER-wf2ih2bd- :

My question is about the real-life application of such laws - is my summary correct?

JACUSTOMER-wf2ih2bd- :

How much practical experience do you have of APing and 1st registrations?

JACUSTOMER-wf2ih2bd- :

Thanks, Andrew

AlexWatts2013 : As you wanted someone else's will opt out
JACUSTOMER-wf2ih2bd- :

I did not want this

JACUSTOMER-wf2ih2bd- :

Please change to "Q&A" format as "Chat" format does not work stably on any browser I have installed

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