LRA Application for adverse possession made under Schedule 6 but determined also on the basis that the Applicant had acquired a possessory title prior to the coming into force of the Land Registration Act 2002 and prior to the first registration of any title to the land. On facts, the Respondent is found to be unable to rely on paragraph 2(b) of Schedule 3 to the Land Registration Act 2002. Quaere how section 29 of the Land Registration Act 2002 and Schedule 3 to that Act ought to be construed and given effect to insofar as they purport to remove previously acquired property rights. The existence of a public right of way to a telephone kiosk on the land does not preclude the acquisition of a possessory title to the land subject to that right of way (R (on the application of Smith) v Land Registry (Peterborough Office), [2009] EWHC 328 (Admin) distinguished; Haigh v West, [1893] 2QB 19 applied).
Michael Mark DA
[2010] EWLandRA 2008 – 0528
Bailii
Registered Land
Updated: 25 November 2021; Ref: scu.517412
