Is Your Address Correct?
Risk Losing Your Land to Squatters by adverse possession
The Land Registration Act 2002 (“Act”) together with the Land Registration Rules 2003 came into force on 13 October 2003 for the purpose of modernising land registration so that the register provides a complete and accurate reflection of the title to the land at any given time.
This article gives a brief overview of one of many area of changes brought about by the Act to be noted as a matter of concern by all land owners. This concerns the rules on adverse possession commonly known as “Squatters Rights” relating to Registered Land.
Where the land is registered land, under the Act after only 10 years of possession (previously 12 years), someone claiming adverse possession (squatting) can apply to the Land Registry to be registered as the owner of the land which they are occupying in place of the registered owner (i.e. the legal owner). The Land Registry, upon receipt of any such application by squatters will notify the registered owner of the land, any registered proprietor of registered charge such as the mortgagee and any tenant giving them opportunity to object to the application. The time limit for objection is 65 business days. If the registered owner fails to object within that time, the Land Registry will simply register the squatter as the new registered owner in place of the registered owner. The Land Registry will not write a second letter/send reminder to the registered owner. There is no right of appeal in those circumstances so the legal owner could simply lose his entitlement to his land if the Land Registry does not have your correct address.
Upon receipt of application from squatter to register as the owner, the Land Registry will send a notice of the application to the registered owner and all parties interested in the land at the address appearing on the Land Register. This appears on the “Proprietorship” register. If you have lent money for the purchase of the land which is secured upon the land then your address will appear on the “Charges” register. These addresses are taken from the original title documents when you first apply to register yourself upon purchase as the owner or mortgagee. That address may no longer be the correct address for the purpose of receiving communication for example your company may have changed its registered office, In case of an individual you may not reside at the property.
The Land Registration rules now allow three addresses to be given, one of which must be a postal address although it does not need to be in the U.K. It is also possible to give an email address. Any notice will then be sent to all addresses.
If an owner has a large portfolio of properties, the Land Registry will need to be informed of the change of address in respect of each title.
Once registered owner has filed his objection within the requisite time limit he will have two years to take steps to remove the squatter from his land. If he fails to do so, then the squatter can then make a further application. The squatter may generally succeed in obtaining title if the registered owner, having been given notice of occupation of the squatters, has failed to do anything within the two years.
Warning: If you are a land owner then act now to ensure that the address shown on the register of all the properties you own is up-to-date so as not to lose land to squatters. NB: This article does not deal with other changes brought about by the Act. The need for correct address to be registered also applies to other notices affecting land e.g. a third party registering a restrictive covenant.
Nita King
Head of Commercial Litigation
This article gives a general overview and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, please do contact Nita King on 01793 527141 alternatively by email on nita.king@lemon-co.co.uk.
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Risk Losing Your Land to Squatters by adverse possession</a></strong><br />
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