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Practice Notes

The law on adverse possession differs depending on whether the land is registered and when the period of adverse possession was completed. There is one regime for unregistered land, and registered land where the period of adverse possession was completed before 13 October 2003, and another for registered land where the period of adverse possession was completed on or after 13 October 2003.

Practice Note: Establishing adverse possession of land considers the essential elements to any claim of adverse possession, ie factual possession, intention to possess, and the required period of possession. It also discusses various uses of land which may provide sufficient evidence of factual possession and/or an intention to possess.

Practice Note: Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 explains when it is possible to claim title by way of adverse possession in relation to:

1. •

   unregistered land, or

2. •

   registered land where the right to be registered