Adverse Possession under the Land Possession Act of 2002

Adverse Possession under the Land Possession Act of 2002

Introduction

Occupying the land without the permission of the owner is called as 'adverse possession' and possessor is known as 'squatter', but there are some rules that guide adverse possession. Rules regarding adverse possession are different in LRA 2002 and other previous legislations, but the understanding of adverse possession under the LRA 2002 is of worth importance because the Land Registration Act of 2002 created significant differences between the law of adverse possession related to registered land and unregistered land.

The Land Registration Act of 2002 is primarily the simplification and modernization of previous legislation. It was passed by the parliament of the United Kingdom (UK) on 26 February 2002 and was made effected from 13 October 2003; it was the replacement of previous legislation mainly the Land Registration Act of 1925. This law created a distinction between the laws of adverse possession related to the registered land and the unregistered land. In United Kingdom (UK), adverse possession is ruled by the Limitation Act 1980, the 1925 law of Land Registration and The Land Registration Act of 2002.

There are many practical examples available that are related to adverse possession, human rights organizations declare adverse possession as the severe violation of the human rights, and moreover it is also challenged in courts many times; therefore it is essential to know the legal means by which the land can be transferred, fundamental characteristics of estates and interests of land and the detailed knowledge of the major statutes and common laws is also required in this regard.

Description

The Land Registration Act of 2002 made some significant changes in the Legislations regarding the adverse possession. Adverse Possession basically means occupying someone's land, without approval or permission, if someone continually does this for many years (10 years) then, the land may become theirs but in particular situations. The Land Registration Act of 2002 is primarily an advanced version of the 1925 Land Registration Act. According to the Land Registration Act of 2002, the land is not registered against the name of any estate owner rather it is registered with reference to a map. The central purpose of this law is to provide accurate and complete ownership of the land.

Adverse Possession of Registered and Unregistered Land under Previous Legislations

Schedule 75 of the Land Registration Act of 1925 states that a registered property owner of a land holds that land on confidence for a successful squatter pending registration of the squatter as the new property owner. This law also emphasized over the registration of the land to protect the further purchasers of the land. Limitation Act of 1980 also provided some necessary legislation related to the adverse possession. Under this act, a person may be banned under the law if the period of limitation has passed, to claim against the adverse possessor and recovering the land from the squatter. The best example of adverse possession can be ...