Adverse Possession Clarification

Under the Land Registration Act 2002, a person who claims to have acquired land by adverse possession is, after a period of 10 years adverse possession, entitled to apply to be registered as owner.

In the case of Brown v Ridley [2024] UKUT 14 (LC), the issue was whether the period of 10 years meant (a) 10 years ending on the date of the application; or (b) any period of 10 years.

The Upper Tribunal held that the former was correct. The 10 years of possession had to extend up to the date of the application.

Oliver Kew

Published on 05/02/2024