This guide tells you about applications for adverse possession of registered land, the procedures for making these applications and the options available to anyone served with notice of such an application.
Section 12 has been amended to clarify HM Land Registry’s approach when dealing with applications involving adverse possession of part of a rentcharge.
Section 4 has been amended to reflect better the provisions of rule 188 of the Land Registration Rules 2003.
Section 12 has been added to clarify our current practice regarding adverse possession of rentcharges in the light of changes made to section 38 of the Limitation Act 1980 by Schedule 14 to the Tribunal Courts and Enforcement Act 2007.
Section 2.3 has been amended to take account of the Court of Appeal decision in Rashid v Nasrulla. Section 11.1 has been amended to remove information relevant to applications under Schedule 12, paragraph 18 of the Land Registration Act 2002 which is covered by section 7.1 of practice guide 5: adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003.
The requirement of rule 213 of the Land Registration Rules 2003 for a plan identifying part of the land in a registered title to be signed has been added to section 4.
Section 2 has been amended to explain why there cannot be a Schedule 6 application relating to land held by a dissolved overseas company.
Section 11.1 has been amended to deal with the position where rent is paid to someone other than the landlord.
Section 4 has been amended to confirm that an applicant can rely on more than one condition when making their application.
Section 4 has been amended to confirm Land Registry’s practice where an application includes land which is highway.
Section 11.1 has been amended as this mistakenly referred to Schedule 1, paragraph 6 of the Limitation Act 1980.
Link to the advice we offer added.
This edition of the guide replaces the 30 June 2014 edition. Section 11.2 has been amended to provide further information on encroachment by a tenant.