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Land and the Law of Adverse Possession

The owner of the property must surrender the title to the squatter. The regulation of the use of the land is stated in sections 29 and 30, that if the squatter received any written acknowledgement of paper owner's title, time will stop running in the favour of the squatter.
             Now, more than 80% of land is registered in the UK, thus most of the cases will be in regard to registered land principles. Under the Land Registration Act 1925 (LRA 1925), adverse possession claims are similar to unregistered land standards. Sections 15 and 17 of the Limitation Act 1980 still apply today. The squatter has an overriding interest pursuant to section 70(1)(f) LRA 1925. When 12 years is completed before the LRA 2002, the former owner's title is extinguished and the squatter becomes the new paper owner. It is a necessary legal rule in order to ensure the benefit of innocent third parties. It is too easy for squatters to obtain title but this doctrine is justified as claimants should not sleep on their rights. It is possible for a squatter to acquire title by adverse possession without the owner realising it, like in Rains v Buxton. In the case of Crosdil v Hodder held that the former owner's title is extinguished and the squatter becomes the new paper owner where the 12 years are completely before 13th October, 2013 according to section 12 Para 18 LRA 2002.
             When LRA 2002 was enacted, the Law Commission saw this as an opportunity to give registered estate owners better protection. Vigilance is now not necessary since the estate owner will be informed by the Land Registry when a squatter applies to be registered as the title owner. This change was important because the number of successful claims for adverse possession has decreased. Registered owners now have 2 years to start legal proceedings to have the squatter ejected. Only if they fail to take action then the squatter will be registered as an owner in 2 years' time.


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