• 🔒 Navigating the Judicial Route in Adverse Possession: A Comprehensive Guide

  • Apr 19 2025
  • Length: 8 mins
  • Podcast

🔒 Navigating the Judicial Route in Adverse Possession: A Comprehensive Guide

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  • Summary

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    We continue our exploration of land law adverse possession, focusing on the judicial route in registered land cases and the critical two-year window proprietors have to enforce judgments before losing their rights.

    • Proprietors can bring matters to head by evicting claimants or beginning judicial proceedings
    • After 10 years of adverse possession, proprietors effectively get two years to recover possession
    • Time limits for mortgagees to enforce security remain governed by the 1980 Limitation Act
    • Applications for registration cannot be made if the proprietor has mental disability or physical impairment preventing communication
    • Land held in trust is not considered in adverse possession unless all beneficiaries have interest in possession
    • When a claimant is registered, they take over the registered estate while their common law title is extinguished
    • New proprietors generally acquire the estate free of registered charges unless specific conditions apply


    💡⚖️ Let’s learn the law together—one session at a time!

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