LRA Applicants and their predecessors were in possession of the disputed land for 45 years or more without consent – Application to register Applicants as proprietors on the basis of adverse possession – The land in question formed part of a common subject to a 1915 management scheme made under the Commons Act 1899 – Adverse possession of such land is possible, although subject to the rights under the scheme, unless such rights are capable of abandonment and have been abandoned (which it was unnecessary to decide) – Section 194 of the Law of Property Act 1925 did not apply as no evidence that land was subject to rights of common on 1 January 1926 – Written acknowledgment of owner’s title irrelevant, as it was after the expiry of the limitation period – Application succeeded
Citations:
[2009] EWLandRA 2008 – 0315
Links:
Jurisdiction:
England and Wales
Registered Land
Updated: 02 September 2022; Ref: scu.429617
