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Adverse possession and the transmissibility of possessory rights – The dark side of land registration?

Adverse possession and the transmissibility of possessory rights – The dark side of land registration?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2017) Adverse possession and the transmissibility of possessory rights – The dark side of land registration? Conveyancer and Property Lawyer (2). pp. 116-131. ISSN 0010-8200 (Online)

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Abstract

The article outlines the rules under the Land Registration Act 2002, Schedule, 6, governing applications by an adverse possessor of registered land to be named as the proprietor in the register. It discusses how the common law principle of relativity of title confers certain possessory rights on squatters who choose not to make a Sch.6 application and thereby risk an objection from the paper owner. It also considers how this "dark market" in possessory titles can be combatted by amendment to the Land Registration Act 2002 with reference to the findings of the writers' survey of 200 conveyancing solicitors in England and Wales.

Item Type: Article
Uncontrolled Keywords: Property law; Land registry; English land law; Possessory titles
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 07 Apr 2018 00:38
Selected for GREAT 2016: None
Selected for GREAT 2017: GREAT b
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/16493

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