Adverse Possession - The following circumstances prevent an application being made

[connie_cat]

I am trying to learn all I can about adverse possession, and specifically defending against it. I have copied and pasted the section below from Land Registry's Practice guide 4: adverse possession of registered land.

Can you please tell me, in your opinion, is the "registered proprietor" referring to the party trying to gain land (by adverse possession), or the side/party/property that may potentially lose land if the application for adverse possession is successful.

The following circumstances prevent an application being made for registration based on adverse possession
...

• the estate in land was held on trust at any time during the period of 10 years ending on the date of the application, unless the interest of each of the beneficiaries in the estate was an interest in possession (Schedule 6, paragraph 12 of the Land Registration Act 2002)
  • arguably this means that an application cannot be made where, at any point during this period, the registered proprietor at the time (i) was dead and their estate was being administered, (ii) was bankrupt and their property was being administered by the trustee in bankruptcy or (iii) (being a company) was being wound up. In each of these cases the registered estate is subject to a form of trust (Ayerst v C & K (Construction) Ltd [1976] A.C. 167)

Thank you.

[des8]

The registered proprietor is the legal owner of the land ie the party who would lose if adverse possession granted.
http://www.land-registry-documents.c...ship-register/

[connie_cat]

Thank you.