Overriding Interests and Adverse Possession: Understanding the Land Registration Act 2002

Overriding Protection and Adverse Possession

The Limitation Act 1980 previously granted overriding protection to individuals who had acquired rights through adverse possession (AP) for 12 uninterrupted years. This meant that even if someone hadn't yet reached the 12-year threshold, they could still receive protection, preventing a third-party purchaser from evicting them. However, this approach created inconsistencies in the law.

The Land Registration Act 2002 Reform

The Land Registration Act (LRA) 2002 brought significant changes to the doctrine of adverse possession. Section 96 and Schedule 6 of the LRA 2002 now govern this area. Notably, Section 96 abolishes the Limitation Act 1980's time limits for registered land. As a result, owning land can no longer be lost solely due to another person's 12 years of adverse possession.

Applying for Proprietorship

Today, after a minimum of 10 years of adverse possession, an applicant can apply to become the registered proprietor of the land. Upon application, the land registrar will issue notices to the legal owner and other interested parties, as outlined in Paragraph 2 of Schedule 6.

Options for Legal Owners

Upon receiving the notice, the legal owner has three options:

1. Consent to the application: The adverse possessor becomes the registered proprietor.
2. Object to the application: Challenge the application based on insufficient grounds for adverse possession.
3. Serve a counter-notice: This grants the legal owner a two-year period to evict the adverse possessor.

While consenting to the application is uncommon, legal owners often choose a combination of options 2 and 3. This strategy provides them with a two-year window to pursue eviction.

Consequences of Eviction

If evicted within the two-year period, the adverse possessor has limited recourse and must vacate the property. This change from previous legislation, which offered more leeway to adverse possessors, reflects a shift in legal attitude.

Exceptions to Eviction

Paragraph 5 of Schedule 6 outlines three situations where an adverse possessor may still gain registered proprietorship despite eviction within the two-year period:

1. Unconscionable dispossession: If it would be unjust for the current proprietor to evict the adverse possessor (Paragraph 5(2)).
2. Other entitlement: If the adverse possessor has an alternative legal basis for proprietorship (Paragraph 5(3)).
3. Boundary disputes: In cases involving boundary disagreements between adjacent properties.

Conclusion

The LRA 2002 significantly altered the landscape of adverse possession. While the notice requirement and two-year eviction period might suggest a lower likelihood of successful adverse possession claims, the exceptions outlined in Paragraph 5 of Schedule 6 demonstrate that it's not an impossibility. Understanding these nuances is crucial for both landowners and those seeking to claim rights through adverse possession.