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Adverse possession and informal purchasers

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dc.contributor.author Woods, Una
dc.date.accessioned 2012-12-11T10:22:32Z
dc.date.available 2012-12-11T10:22:32Z
dc.date.issued 2009
dc.identifier.uri http://hdl.handle.net/10344/2745
dc.description peer-reviewed en_US
dc.description.abstract In England and Wales the enactment of the Land Registration Act 2002 dramatically reduced the scope of the doctrine of adverse possession in relation to registered land. The new adverse possession regime was justified in the report prececling the 2002 Act on the basis that it was more compatible with principles of title registration and struck a more appropriate balance between the landowner and squatter. 1 Although the 2002 Act confers the registered owner of land with a power to veto most adverse possession applications, an application by a squatter who satisfies one of the three conditions set out in Schedule 6, paragraph 5, will succeed in spite of an objection by the registered owner. The Law Commission felt that in these situations, the balance of fairness lay with the squatter.2 Two of the conditions were designed to preserve the traditional effect of the doctrine for applicants who went into possession pursuant to an informal transfer.3 The Law Commission noted [hat when a dealing takes place "off the register", the applicant does not represent a "land thief" and it would be unjust to allow the registered owner to veto the applicant'S registration.4 en_US
dc.language.iso eng en_US
dc.publisher Queens University of Belfast, School of Law en_US
dc.relation.ispartofseries Northern Ireland Legal Quarterly;60, pp. 305-324
dc.subject adverse possession en_US
dc.subject registered land en_US
dc.subject Law Commission en_US
dc.title Adverse possession and informal purchasers en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US
dc.internal.rssid 1405768


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