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Adverse possession and leases

This is one of four Lexis®PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925•Claiming title by adverse possession under the Land Registration Act 2002Adverse possession of the demised premises by a squatterThe tenant’s positionA squatter will extinguish a tenant’s title to the demised premises if the squatter can show adverse possession for an uninterrupted period of at least twelve years:•at any time (where the lease is unregistered), or•before 13 October 2003 (where the lease is registered)As a result, the squatter will be entitled to apply to be registered as the proprietor. For further information, with particular reference to the position where the lease is unregistered, see HM Land Registry Practice Guide 5, para 7.1.In the case of an unregistered lease, the relevant provisions are the Limitation Act 1980 (LA 1980) ss 15, 17 and Sch 1. In the case of a registered lease where the squatter can show adverse possession for...

Grazing agreements

Grazing agreements What is a grazing agreement? A grazing agreement is an agreement under which a landowner allows a grazier to use the landowner’s land to graze animals belonging to or under the stewardship of the grazier. Such an agreement will often be granted for the summer season (April to October), but can be granted for any period and at any time of year. According to the circumstances (as discussed below) such an agreement may give rise to a licence or a tenancy. Status of grazing agreements under the Agricultural Holdings Act 1986 The Agricultural Holdings Act 1986 (AHA 1986) gives security of tenure and other valuable rights to any person who holds a ‘contract of tenancy’ in relation to ’agricultural land’. ‘Agricultural land’ means land used for ‘agriculture’, and the definition of ‘agriculture’ includes ‘grazing’ (see AHA 1986, ss 1, 96(1)). A ‘contract of tenancy’ means a ‘letting of land, or agreement for letting land for a term of years or from year to year...’. On the face...

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Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled I, [name] of [address], do solemnly and sincerely declare that: 1 On [date] I [and my [wife OR husband OR [other]] ] lodged at HM Land Registry an application to be registered as proprietor of the land ('the Blue Land') edged blue on the plan (now produced and shown to me and marked '1') attached to this declaration ('the Plan'). The freehold estate in the Blue Land is registered, together with that of other land, under title [title number of neighbouring property] of which the registered proprietors are [name(s) of owner(s) of neighbouring property] (‘[define by name, eg 'Mr (and Mrs) Smith’]’). 2 As a result of that application, HM Land Registry issued notices to a number of people, including [Mr (and Mrs) Smith], and [Mr (and Mrs) Smith] responded to the notices issued to them by requiring...

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Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership?

Can a landlord claim adverse possession of a plot of land in relation to their property if it has been tenanted for the duration of their ownership? Section 15 of the Limitation Act 1980 (LA 1980) imposes a limitation period of 12 years on the legal owner of land from seeking to recover it from a person who is in adverse possession of it. If that period passes without the land owner seeking to recover the land by action, the legal owner’s title will be extinguished. LA 1980, s 15 still applies in relation to unregistered land but not in relation to registered land. The register is the basis of title to registered land and so there is far less justification for the limitation period set out. The Land Registration Act 2002 (LRA 2002) changed the law in respect of adverse possession of registered land. Ignoring for the current purposes the transitional provisions, an adverse possessor of registered land can, after ten years adverse possession, apply...

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Property Disputes weekly highlights—17 April 2025

This week's edition of Property Disputes weekly highlights includes: High Court decisions concerning a loan agreement found to constitute an enforceable, unregulated investment property loan, a claim for unjustified enrichment relating to work carried out on a residential property and analysis of the grant of an order for possession and sale due to the vesting of property in trustees, an appellant who was barred from pursuing a new claim for the first time on appeal, and an Upper Tribunal (Lands Chamber) decision concerning the First-tier Tribunal’s appearance of bias in raising and determining an unpleaded issue in contractual liability for service charges dispute. It also includes a Court of Appeal decision that disclosure by the court of an assessor’s evaluation of evidence is not required unless fairness demands it, a Country Court decision concerning the vesting of a new lease of a whole building that must be made on terms equivalent to the forfeited head lease, analysis of the treatment of principal secured debt under a mental health crisis moratorium,...