Q&As

Can a person claim adverse possession of land if they have granted an agricultural tenancy over the land?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 03 November 2016
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Adverse possession is the acquisition of rights over land by a form of successful taking rather than by conveyance of transfer.

Where title to an estate in land remains unregistered with HM Land Registry, the applicable regime is the Limitation Act 1980 (LA 1980). The LA 1980 lays down the general rule that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued (LA 1980, s 15(1)). The piece of land will need to be in the possession of some person (ie the squatter) in whose favour the period of limitation can run.

Where the estate is registered, the applicable regime is the Land Registration Act 2002 (LRA 2002). There is no limitation period on recovery of a registered estate in land. Under this regime a squatter can apply for registration as proprietor after ten years of adverse possession.

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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United Kingdom

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