General
Law of Property Act 1925, S1(6)
An interest in land cannot be held by an infant.
Law of Property Act 1925 S27
Overreaching of equitable interests occurs where capital monies are paid to at least 2 trustees.
Law of Property Act 1925 S52
Conveyances of land or conveyances of interests in land must be done by deed (to be legal).
Law of Property Act 1925 S53
No interest in land can be created or disposed of except in signed writing, including a
declaration of trust of land and a disposition of an equitable interest or trust.
Law of Property Act 1925 S54
Leases of less than 3 years can be created verbally.
Law of Property (Miscellaneous Provisions Act) 1989 S2
Contracts for the sale or disposition of an interest in land must be made in signed writing.
Land Registration Act 2002 S4
Title must be registered for the sale, gift, or transfer by court order of a freehold, as well as for
the grant of a leasehold over 7 years by means of sale, gift, or transfer by court order.
Land Registration Act 2002 S23
Owners’ powers include the power to make a disposition of any kind and to put a charge over
the estate.
Land Registration Act 2002 S24
A person is entitled to exercise owner’s powers if they are either the registered proprietor or if
they are entitled to be registered as proprietor.
Land Registration Act 2002 S27
If a disposition is required to be completed by registration, it doesn’t operate at law until the
registration requirements are met. Dispositions that are required to be registered are a transfer
of land, the grant of a lease of more than 7 years, or the grant or transfer of a registered charge.
Trusts of Land and Trustees Act 1996, S6
Trustees of land have all the powers of an absolute owner.
ECHR Art.8
, Everyone has a right to respect for their home. A public authority can’t interfere with this right
unless it’s justified by national security, public safety, economic well-being, prevention of
disorder or crime, protection of health or morals, or protection of other people’s rights and
freedoms.
ECHR Protocol 1 Art.1
Everyone is entitled to peaceful enjoyment of their possessions. No one shall be deprived of
their possessions unless in the public interest and in accordance with domestic and international
law.
Adverse possession
Legal Aid, Sentencing and Punishment of Offenders Act 2012 S144
It is a criminal offence to squat in a residential building if you entered it as a trespasser, you
know or ought to know that you are a trespasser, and you are living in the building or intend to
live there.
Limitation Act 1980 S15
For the purposes of adverse possession claims on unregistered land, the original owner cannot
bring an action to recover the land after 12 years from the date at which the action arose.
Limitation Act 1980 S17
For the purposes of adverse possession claims on unregistered land, after the 12 years the
original owner’s title to the land is extinguished.
Land Registration Act 2002 Sch6.1
For the purposes of adverse possession claims on registered land, a squatter can apply to the
Land Registrar to be registered as proprietor after 10 years of adverse possession. (This applies
even if he was evicted from the land in the past 6 months by the registered proprietor as long as
he was entitled at the time to apply for registration, and the eviction wasn’t part of a court
possession order).
Land Registration Act 2002 Sch6.2
If a squatter makes an application for registration, the Registrar has to give notice to the
registered proprietor and any holder of a charge on the estate.
Land Registration Act 2002 Sch6.3
If the registered proprietor or charge holder objects to the application, the squatter cannot be
registered as proprietor, unless:
● It would be unconscionable because of an equity by estoppel for the registered
proprietor to seek to dispossess the squatter, and the squatter ought to be registered,
OR
● The squatter is for some other reason entitled to be registered as the proprietor of the
estate, OR
Law of Property Act 1925, S1(6)
An interest in land cannot be held by an infant.
Law of Property Act 1925 S27
Overreaching of equitable interests occurs where capital monies are paid to at least 2 trustees.
Law of Property Act 1925 S52
Conveyances of land or conveyances of interests in land must be done by deed (to be legal).
Law of Property Act 1925 S53
No interest in land can be created or disposed of except in signed writing, including a
declaration of trust of land and a disposition of an equitable interest or trust.
Law of Property Act 1925 S54
Leases of less than 3 years can be created verbally.
Law of Property (Miscellaneous Provisions Act) 1989 S2
Contracts for the sale or disposition of an interest in land must be made in signed writing.
Land Registration Act 2002 S4
Title must be registered for the sale, gift, or transfer by court order of a freehold, as well as for
the grant of a leasehold over 7 years by means of sale, gift, or transfer by court order.
Land Registration Act 2002 S23
Owners’ powers include the power to make a disposition of any kind and to put a charge over
the estate.
Land Registration Act 2002 S24
A person is entitled to exercise owner’s powers if they are either the registered proprietor or if
they are entitled to be registered as proprietor.
Land Registration Act 2002 S27
If a disposition is required to be completed by registration, it doesn’t operate at law until the
registration requirements are met. Dispositions that are required to be registered are a transfer
of land, the grant of a lease of more than 7 years, or the grant or transfer of a registered charge.
Trusts of Land and Trustees Act 1996, S6
Trustees of land have all the powers of an absolute owner.
ECHR Art.8
, Everyone has a right to respect for their home. A public authority can’t interfere with this right
unless it’s justified by national security, public safety, economic well-being, prevention of
disorder or crime, protection of health or morals, or protection of other people’s rights and
freedoms.
ECHR Protocol 1 Art.1
Everyone is entitled to peaceful enjoyment of their possessions. No one shall be deprived of
their possessions unless in the public interest and in accordance with domestic and international
law.
Adverse possession
Legal Aid, Sentencing and Punishment of Offenders Act 2012 S144
It is a criminal offence to squat in a residential building if you entered it as a trespasser, you
know or ought to know that you are a trespasser, and you are living in the building or intend to
live there.
Limitation Act 1980 S15
For the purposes of adverse possession claims on unregistered land, the original owner cannot
bring an action to recover the land after 12 years from the date at which the action arose.
Limitation Act 1980 S17
For the purposes of adverse possession claims on unregistered land, after the 12 years the
original owner’s title to the land is extinguished.
Land Registration Act 2002 Sch6.1
For the purposes of adverse possession claims on registered land, a squatter can apply to the
Land Registrar to be registered as proprietor after 10 years of adverse possession. (This applies
even if he was evicted from the land in the past 6 months by the registered proprietor as long as
he was entitled at the time to apply for registration, and the eviction wasn’t part of a court
possession order).
Land Registration Act 2002 Sch6.2
If a squatter makes an application for registration, the Registrar has to give notice to the
registered proprietor and any holder of a charge on the estate.
Land Registration Act 2002 Sch6.3
If the registered proprietor or charge holder objects to the application, the squatter cannot be
registered as proprietor, unless:
● It would be unconscionable because of an equity by estoppel for the registered
proprietor to seek to dispossess the squatter, and the squatter ought to be registered,
OR
● The squatter is for some other reason entitled to be registered as the proprietor of the
estate, OR
