Q&As

Does the third condition in paragraph 5 of Schedule 6 to the Land Registration Act 2002 (LRA 2002) mean that if the results of a land survey are revealed to the adverse possessor (and are not contested) prior to the date of the application for adverse possession, an application cannot succeed in compliance with LRA 2002, Sch 6, para 5 despite any prior common beliefs of the respective parties as to the ownership prior to the survey?

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Published by a ³ÉÈËÓ°Òô Property Disputes expert
Published on: 03 February 2022
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In an application for Adverse possession of registered land, the registered owner may require the application to be dealt with under paragraph 5 of Schedule 6 to the Land Registration Act 2002. In that case the application can only succeed if one of three conditions are met. The third condition consists of four Requirements, including that:

'(c) for at least ten years of the period of adverse possession ending on the date of the application, the applicant (or any predecessor in title) reasonably believed that the land to which the application relates belonged to him.’

For further details of adverse possession of registered

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Jurisdiction(s):
United Kingdom
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Key definition:
Adverse possession definition
What does Adverse possession mean?

The means of acquiring title to land by long possession.

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