Where a squatter had acquired adverse possession rights against lessee, but had not yet applied for registration, a surrender of the registered leasehold did not defeat his claim but operated as acquisition of lessee’s rights.
The court was asked ‘whether, after more than 12 years’ adverse possession by a trespasser, the registered leaseholder of land can, by surrendering the remainder of his term to the freeholder, give the latter a right to immediate possession against the erstwhile squatter. In relation to unregistered land the answer, on House of Lords’ authority, is yes. The issue is whether the provisions of the Land Registration Act 1925, centrally section 75, produce a different outcome in registered conveyancing.’
Held: Where a squatter had acquired adverse possession rights against lessee, but had not yet applied for registration, a surrender of the registered leasehold did not defeat his claim but operated as acquisition of lessee’s rights.
Judges:
Sedley J
Citations:
Times 27-Jul-1998, Gazette 22-Jul-1998, Gazette 30-Sep-1998, [1998] EWHC Ch 314, [1998] EGCS 117, [1998] 4 All ER 948, [1998] 3 EGLR 55, [1998] 46 EG 185
Links:
Statutes:
Land Registration Act 1925 7(1)
Jurisdiction:
England and Wales
Registered Land
Updated: 19 May 2022; Ref: scu.78953
