‘The Land Registration Act 2002 and s.144 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 erode the traditional doctrine of adverse
possession in favour of the economic security of registered proprietors of land.’
Critically discuss
Introduction
Adverse possession takes place when a person takes possession of land without the
consent of who is entitled to the possession of it. Following the doctrine of the relativity
of titles, the registered proprietor is assumed to be in possession of the land,
irrespective of whether they are actually using it. Adverse possession is used to
override this default position, so long as the individual possessing the land satisfies the
three requirements confirmed in J A Pye (Oxford) Ltd v Graham (2003). The individual
must show: factual possession of the land; the intention to possess the land; and the
possession must be adverse, meaning that it is enjoyed without the consent of the
registered proprietor. The introduction of the Land Registration Act 2002 (LRA 2002)
and s144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(LASPOA 2012) undoubtedly offers registered proprietors a new level of protection
against adverse possession claims, but this erosion of the traditional doctrine has
consequently ‘embedded a new legal order [...] underpinned by a set of
taken-for-granted moral perspectives which reflect a wholly negative view of the activity
of squatting’ (Cobb, N. & Fox, L. (2008). This essay will conclude that while the erosion
of the traditional doctrine of adverse possession does offer economic security for
registered proprietors of land, this is ultimately at the expense of squatters, highlighting
a shift from morality to economic protection.
Traditional doctrine
Prior to the introduction of the LRA 2002, registered proprietors had little protection from
adverse possession claims if they failed to recover their dispossessed land within a 12
, year period: after this allotted amount of time, the registered proprietor was deemed to
hold their estate on trust for the adverse possessor (s75(1) LRA 1925). The adverse
possessor would then apply to the Land Registry to become the new proprietor of the
estate. Whilst this traditional doctrine was a detriment to the registered proprietor, it was
deemed to be compatible with Article 1 of Protocol 1 of the European Convention on
Human Rights which states that ‘every natural or legal person is entitled to the peaceful
enjoyment of his possessions’ (JA Pye (Oxford) Ltd v UK (2008)): there was a fair
balance between the policy being pursued and the potential loss to landowners. This
balance of rights between the landowner and the adverse possessor was crucial for the
moral functioning of the traditional doctrine of adverse possession, particularly with
regards to the housing shortage within England. The number of empty homes was
recorded as 648,114 in October 2019, with 225,845 of these being empty for longer
than six months (Ministry of Housing, Communities and Local Government (2020)). The
traditional doctrine of adverse possession therefore offered a moral solution for
occupying unused houses within England and the 12 year period required for
landowners to recover their dispossessed land was satisfactory. However, the Law
Commission took a protective stance regarding the security of registered proprietors,
concluding that ‘while the present law can be justified as regards to unregistered land, it
cannot in relation to registered title’ (Consultation Paper, para 10.2).
LRA 2002
Under the LRA 2002, an adverse possessor can apply to be the registered proprietor of
land if they have been in adverse possession of it for ten years up to the date of
application (Sch 6(1) LRA 2002), or they have been evicted without a court order after
ten years of adverse possession and they bring the application within six months of the
eviction (Sch 6(1)(2) LRA 2002). Whilst the reduction of time needed to be in adverse
possession is beneficial to squatters, the LRA 2002 also brought about significant
change to ensure that the registered proprietor is aware of this occupation. Once the
Land Registrar receives an application, they must then notify the registered proprietor
(Sch 6, para 2(1)). They then have 65 business days to file a counter-notice before the
Punishment of Offenders Act 2012 erode the traditional doctrine of adverse
possession in favour of the economic security of registered proprietors of land.’
Critically discuss
Introduction
Adverse possession takes place when a person takes possession of land without the
consent of who is entitled to the possession of it. Following the doctrine of the relativity
of titles, the registered proprietor is assumed to be in possession of the land,
irrespective of whether they are actually using it. Adverse possession is used to
override this default position, so long as the individual possessing the land satisfies the
three requirements confirmed in J A Pye (Oxford) Ltd v Graham (2003). The individual
must show: factual possession of the land; the intention to possess the land; and the
possession must be adverse, meaning that it is enjoyed without the consent of the
registered proprietor. The introduction of the Land Registration Act 2002 (LRA 2002)
and s144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(LASPOA 2012) undoubtedly offers registered proprietors a new level of protection
against adverse possession claims, but this erosion of the traditional doctrine has
consequently ‘embedded a new legal order [...] underpinned by a set of
taken-for-granted moral perspectives which reflect a wholly negative view of the activity
of squatting’ (Cobb, N. & Fox, L. (2008). This essay will conclude that while the erosion
of the traditional doctrine of adverse possession does offer economic security for
registered proprietors of land, this is ultimately at the expense of squatters, highlighting
a shift from morality to economic protection.
Traditional doctrine
Prior to the introduction of the LRA 2002, registered proprietors had little protection from
adverse possession claims if they failed to recover their dispossessed land within a 12
, year period: after this allotted amount of time, the registered proprietor was deemed to
hold their estate on trust for the adverse possessor (s75(1) LRA 1925). The adverse
possessor would then apply to the Land Registry to become the new proprietor of the
estate. Whilst this traditional doctrine was a detriment to the registered proprietor, it was
deemed to be compatible with Article 1 of Protocol 1 of the European Convention on
Human Rights which states that ‘every natural or legal person is entitled to the peaceful
enjoyment of his possessions’ (JA Pye (Oxford) Ltd v UK (2008)): there was a fair
balance between the policy being pursued and the potential loss to landowners. This
balance of rights between the landowner and the adverse possessor was crucial for the
moral functioning of the traditional doctrine of adverse possession, particularly with
regards to the housing shortage within England. The number of empty homes was
recorded as 648,114 in October 2019, with 225,845 of these being empty for longer
than six months (Ministry of Housing, Communities and Local Government (2020)). The
traditional doctrine of adverse possession therefore offered a moral solution for
occupying unused houses within England and the 12 year period required for
landowners to recover their dispossessed land was satisfactory. However, the Law
Commission took a protective stance regarding the security of registered proprietors,
concluding that ‘while the present law can be justified as regards to unregistered land, it
cannot in relation to registered title’ (Consultation Paper, para 10.2).
LRA 2002
Under the LRA 2002, an adverse possessor can apply to be the registered proprietor of
land if they have been in adverse possession of it for ten years up to the date of
application (Sch 6(1) LRA 2002), or they have been evicted without a court order after
ten years of adverse possession and they bring the application within six months of the
eviction (Sch 6(1)(2) LRA 2002). Whilst the reduction of time needed to be in adverse
possession is beneficial to squatters, the LRA 2002 also brought about significant
change to ensure that the registered proprietor is aware of this occupation. Once the
Land Registrar receives an application, they must then notify the registered proprietor
(Sch 6, para 2(1)). They then have 65 business days to file a counter-notice before the
