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Textbook on Land Law

Textbook on Land Law (18th edn)

Judith-Anne MacKenzie and Aruna Nair
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date: 28 September 2022

p. 1367. Acquisition of an estate by adverse possessionlocked

p. 1367. Acquisition of an estate by adverse possessionlocked

  • Judith-Anne MacKenzieJudith-Anne MacKenzieFormerly a practising Barrister, member of the Government Legal Service and a Senior Civil Servant at the Department for Transport
  •  and Aruna NairAruna NairAssociate Professor of Law, University of Oxford

Abstract

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.

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