Adverse possession of registered land (PG4)

Section 4 has been amended to reflect the recent Court of Appeal decision in Nazir -v- Begum (2025) EWCA Civ 587.

Section 5.3 has been amended to confirm that copies of statements of truth or statutory declarations lodged in support of the application will accompany the notice served.

Section 5.5 Charges has been split into section 5.5.1 Existing charges affecting the adversely possessed land and section 5.5.2 Charges created by the squatter. The aim is to clarify that HM Land Registry will not automatically register a charge affecting any adjoining land owned by the squatter on completion of the registration; the applicant must specifically apply to register any such charge and the charge must clearly include the land in question.

A new third paragraph has been added to section 7 to provide information about HM Land Registry’s practice where the box regarding counter notice in panel 6 of form NAP has not been ticked.

Section 3 has been amended following consideration of recent case law.

Sections 1.2 and 1.3 have been amended to clarify that applications for adverse possession made on more than one basis will be processed together.

Section 4 has been amended to refer to changes made to form ADV1 by the Land Registration (Amendment) Rules 2022 which came into force on 1 August 2022.

Section 12 has been amended to clarify HM Land Registry’s approach when dealing with applications involving adverse possession of part of a rentcharge.

Section 4 has been amended to reflect better the provisions of rule 188 of the Land Registration Rules 2003.

Section 12 has been added to clarify our current practice regarding adverse possession of rentcharges in the light of changes made to section 38 of the Limitation Act 1980 by Schedule 14 to the Tribunal Courts and Enforcement Act 2007.

Section 2.3 has been amended to take account of the Court of Appeal decision in Rashid v Nasrulla. Section 11.1 has been amended to remove information relevant to applications under Schedule 12, paragraph 18 of the Land Registration Act 2002 which is covered by section 7.1 of practice guide 5: adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003.

The requirement of rule 213 of the Land Registration Rules 2003 for a plan identifying part of the land in a registered title to be signed has been added to section 4.

Section 2 has been amended to explain why there cannot be a Schedule 6 application relating to land held by a dissolved overseas company.

Section 11.1 has been amended to deal with the position where rent is paid to someone other than the landlord.

Section 4 has been amended to confirm that an applicant can rely on more than one condition when making their application.

Section 4 has been amended to confirm Land Registry’s practice where an application includes land which is highway.

Section 11.1 has been amended as this mistakenly referred to Schedule 1, paragraph 6 of the Limitation Act 1980.

Link to the advice we offer added.

This edition of the guide replaces the 30 June 2014 edition. Section 11.2 has been amended to provide further information on encroachment by a tenant.

Added translation