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These rules are much more difficult to satisfy than the common law with regard to adverse possession, although it is now clear that all rules of adverse possession (in unregistered land, under the LRA 1925 and under the LRA 2002) are human rights compliant, see generally the judgment of the Grand Chamber of the European Court of Human Rights in ...
The Land Registration Act 2002 received royal assent on 26 February 2002. [19] The rules for unregistered land remained as before. But under schedule 6 of the Land Registration Act 2002, paragraphs 1 to 5, after 10 years the adverse possessor is entitled to apply to the registrar to become the new registered owner.
Adverse possession; section 75(1) of the Land Registration Act 1925 (repealed 13 October 2003) J A Pye (Oxford) Ltd and Others v Graham and another [2002] is an English land law judgment from the final court of appeal at the time, the House of Lords , on adverse possession .
The Land Registration Act 2002 section 27(2) makes registration compulsory for all transfers of land, leases over seven years and any charges. [4] Under LRA 2002 section 27, the consequence of a failure to register one's interest is that it will not bind another person in law who is transferred the property and does register.
Before the Land Registration Act 2002, if a person had possessed land for 12 years, then at common law, the previous owner's right of action to eject the "adverse possessor" would expire. The common legal justification was that under the Limitation Act 1980 , just like a cause of action in contract or tort had to be used within a time limit, so ...
The principal Acts are the Law of Property Act 1925, the Land Registration Act 1925 (which was largely repealed and updated by the Land Registration Act 2002), the Land Charges Act 1925 (which was largely repealed and updated by the Land Charges Act 1972), the Settled Land Act 1925 and the Trustee Act 1925 (both of which were reformed by the ...
In relation to third parties, the remedy for proprietary estoppel has been confirmed to bind others by the Land Registration Act 2002 section 116. In Giumelli v Giumelli , notwithstanding that the High Court of Australia held that the requirements of proprietary estoppel had been established, the plaintiff was not awarded a proprietary interest ...
A beneficiary in patent actual possession can still enjoy rights as against a purchaser, or more commonly a mortgage or other secured lender, under the Land Registration Act 2002. Trustees are bound by the terms of the trust, but the strict rules and maxims of equity and by any decision formally made by all of the adult beneficiaries. [8]