Property Disputes analysis: In a leapfrog appeal from the Upper Tribunal (Lands Chamber) the Supreme Court has interpreted paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002 (LRA 2002) to require that an applicant for registration of title to land on the basis of adverse possession must only demonstrate that they held a reasonable belief that the land in question belonged to them during some (any) continuous ten-year period of their possession arising before the date the application was made. The decision of the Court of Appeal in Zarb v Parry was wrong in assuming a different construction of the statute which was unworkable in requiring the applicant to demonstrate a period of reasonable belief that ended on the very date the application was made. Written by Tiffany Scott KC, barrister at Wilberforce 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
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