Property Disputes analysis: The Court of Appeal allowed a second appeal in a long-running boundary dispute over the bank of a stream in Leicestershire. The three separate judgments affirm that, in a boundary dispute, an HM Land Registry title plan is ordinarily irrelevant to the location of a boundary. The effect of the ‘general boundaries’ rule is that the line of a boundary falls to be located by looking underneath the title plan. The Court of Appeal also held that section 75 of the Land Registration Act 1925 (LRA 1925) operates only where the limitation period expired after first registration. Written by Tom Morris, barrister at Landmark Chambers.
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If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?We have assumed that the lease is registered
Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925This is one of four Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse possession under the Land Registration Act 2002•Adverse
What’s the limitation period for a trespass to land, and does limitation start from the date a continuing trespass began or does it renew each day?A claim of trespass to land is barred by lapse of the statutory period of limitation, which, except in certain specified cases, is six years from the
Trespass—claims and defencesThis Practice Note covers what trespass to land is, including trespass in relation to minerals and airspace, trespass by a tenant after expiry of a lease, continuing trespass, who can bring a claim, the necessary elements for actual possession and the possible defences to
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