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In the Land Registry Practice Guide 4, Para 1.2 The transitional provisions, it says the following regarding Adverse Possession.
"There are important transitional provisions in the Land Registration Act 2002 covering cases where a squatter was in adverse possession of registered land for the requisite limitation period under the Limitation Act 1980 so as to have acquired the right to be registered as proprietor before 13 October 2003. This will usually have happened if the squatter was in adverse possession for at least 12 years before 13 October 2003, though sometimes a longer period will be necessary."
Thats easy to understand. A squatter would needed to have entered the relevant land on or before the 12 October 1991 as 12 years on from that date is the 12 October 2003. But what I cannot understand or find an answer to is what rules apply where a squatter enters land after the 12 October 1991 but before the 13 October 2003. Suppose a squatter enters land on the 12 October 1992? Obviously he would not have been in AP for the required 12 years so he would not be able to claim AP under the 1925 rules - he would be 12 months short in timing. So would he then have to wait until the 13 October 2003 and then claim under the 10 year timing? If that were to be the case that would imply that the 10 year time element would in fact be backdated to the 14 October 2005 wouldn't it?? You can see my confusion.
Specifically, if a squatter can demonstrate the required factual possession in August 2005, what rules apply?
"There are important transitional provisions in the Land Registration Act 2002 covering cases where a squatter was in adverse possession of registered land for the requisite limitation period under the Limitation Act 1980 so as to have acquired the right to be registered as proprietor before 13 October 2003. This will usually have happened if the squatter was in adverse possession for at least 12 years before 13 October 2003, though sometimes a longer period will be necessary."
Thats easy to understand. A squatter would needed to have entered the relevant land on or before the 12 October 1991 as 12 years on from that date is the 12 October 2003. But what I cannot understand or find an answer to is what rules apply where a squatter enters land after the 12 October 1991 but before the 13 October 2003. Suppose a squatter enters land on the 12 October 1992? Obviously he would not have been in AP for the required 12 years so he would not be able to claim AP under the 1925 rules - he would be 12 months short in timing. So would he then have to wait until the 13 October 2003 and then claim under the 10 year timing? If that were to be the case that would imply that the 10 year time element would in fact be backdated to the 14 October 2005 wouldn't it?? You can see my confusion.
Specifically, if a squatter can demonstrate the required factual possession in August 2005, what rules apply?
