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Hostile Territory was a Limited release in 2022 on Friday, April 22, 2022. There were 16 other movies released on the same date, including The Bad Guys, The Northman and The Unbearable Weight of Massive Talent. As a Limited release, Hostile Territory will only be shown in select movie theaters across major markets.
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Jul 11, 2024 · Hostile Possession | DLS Solicitors provides expert legal advice on hostile possession cases. Contact us for professional assistance with property disputes.
- 1. Introduction
- 2. Adverse possession: the essentials
- 3. Restrictions on making an application for registration based on adverse possession
- 4. Making an application for registration on the basis of adverse possession
- 5. HM Land Registry’s response and registration
- 6. Objecting to the squatter’s application
- 7. Giving counter notice to the registrar in response to notice
- 8. The 3 conditions in paragraph 5 of Schedule 6
1.1 The new regime: a brief overview
Prior to the coming into force of the Land Registration Act 2002, a squatter could acquire the right to be registered as proprietor of a registered estate if they had been in adverse possession of the land for a minimum of 12 years. However, the doctrine of adverse possession did not fit easily with the concept of indefeasibility of title that underlies the system of land registration. Nor could it be justified by the uncertainties as to ownership which can arise where land is unregistered; the legal estate is vested in the registered proprietor and they are identified in the register. The Land Registration Act 2002 has created a new regime that applies only to registered land. This new regime is set out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land being completed. The following paragraphs provide a brief overview of the new regime; the remaining sections of this guide discuss it in more detail. adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application if the application is not opposed (by ‘opposed’ we mean that a counter notice is served; see Giving counter notice to the registrar in response to notice. Instead, or at the same time, the registered proprietor may object to the application on the ground that there has not been the necessary 10 years’ adverse possession; see Objecting to the squatter’s application for the implications of such an objection.), the squatter will be registered as proprietor in place of the registered proprietor of the land if the application is opposed, it will be rejected unless either it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor the squatter is for some other reason entitled to be registered as proprietor the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application. in the event that the application is rejected but the squatter remains in adverse possession for a further 2 years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application
1.2 The transitional provisions
There are important transitional provisions in the Land Registration Act 2002 covering cases where a squatter was in adverse possession of registered land for the requisite limitation period under the Limitation Act 1980 so as to have acquired the right to be registered as proprietor before 13 October 2003. This will usually have happened if the squatter was in adverse possession for at least 12 years before 13 October 2003, though sometimes a longer period will be necessary. For instance, if the land was owned by the Crown or an ecclesiastical corporation sole, when the period is 30 years, or was held in trust or by someone under a disability. See 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 - section 3: The limitation period. The transitional provisions preserve this right to be registered as proprietor, although the right can be lost. A squatter may be able to apply under either the transitional provisions or the new regime. If they make applications both under the new procedure and under the transitional provisions, we will contact you to discuss the approach we will take to the applications. Our general aim would be to process any dispute arising out of the applications at the same time. When contacting you we will ask for confirmation as to which application should be treated as the first. 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 explains the transitional provisions in more detail and how to make an application for adverse possession under these provisions. This guide deals only with the new regime.
1.3 Application for alteration
There is a third type of application that may sometimes be made by a squatter in respect of registered land. This is where the first registration took place after the paper title had had been extinguished, meaning that the first registration was a mistake. The squatter can apply for alteration (the registered title being closed) and for first registration of their own title. If the squatter is in actual occupation or the first proprietor has notice of the squatter’s estate, the estate vested in the proprietor will be subject to that estate: section 11(4)(b) and (c) of the Land Registration Act 2002. Alteration of the register will not, therefore, prejudicially affect the proprietor’s title. This means that the alteration will not constitute rectification, and so the proprietor will not be entitled to indemnity in the event that the title is closed: Schedule 8, paragraphs (1)(a) and 11(2)(b) of the Land Registration Act 2002. A squatter may be able to apply either under Schedule 6, Land Registration Act 2002 or for alteration on the basis that the paper title was extinguished before first registration, depending on the date the estate was first registered. If they make applications both under Schedule 6 and for alteration, we will contact you to discuss the approach we will take to the applications. Our general aim would be to process any dispute arising out of the applications at the same time. When contacting you, we will also ask for confirmation as to which application should be treated as the first.
Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent.
You must show:
•that the squatter and any predecessors through whom they claim have been in adverse possession for at least 10 years (or at least 60 years for Crown foreshore) ending on the date of the application (Schedule 6, paragraph 1(1) of the Land Registration Act 2002). ‘Foreshore’ here means “the shore and bed of the sea and of any tidal water, below the line of the medium high tide between the spring and neap tides” (Schedule 6, paragraph 13(3) of the Land Registration Act 2002). In this context ‘Crown’ includes the Duchy of Lancaster and the Duchy of Cornwall (Schedule 6, paragraph 13(1) of the Land Registration Act 2002)
•or that the squatter has been evicted by the registered proprietor, or a person claiming under the registered proprietor, not more than 6 months before the date of the application, that this eviction was not pursuant to a judgment for possession, and that on the day before the eviction they and any predecessors through whom they claim had been in adverse possession of the land for a period of 10 years ending on that date (Schedule 6, paragraph 1(2) of the Land Registration Act 2002)
Note that where adverse possession is claimed in respect of land owned by:
•an overseas company (which includes a company registered in any of the Channel Islands or in the Isle of Man) which has been dissolved, or
The following circumstances prevent an application being made for registration based on adverse possession
•the registered proprietor is an enemy or detained in enemy territory, or has been an enemy or detained in enemy territory in the 12 months before the date of the application (Schedule 6, paragraph 8(1) of the Land Registration Act 2002)
•the registered proprietor is unable because of mental disability to make decisions about issues of the kind to which an application for adverse possession would give rise, or is unable to communicate such decisions because of mental disability or physical impairment (Schedule 6, paragraph 8(2) of the Land Registration Act 2002)
•the squatter is a defendant in proceedings which involve asserting a right to possession of the land, or judgment for possession has been given against them in the last 2 years (Schedule 6, paragraph 1(3) of the Land Registration Act 2002)
•the estate in land was held on trust at any time during the period of 10 years ending on the date of the application, unless the interest of each of the beneficiaries in the estate was an interest in possession (Schedule 6, paragraph 12 of the Land Registration Act 2002)
•arguably this means that an application cannot be made where, at any point during this period, the registered proprietor at the time (i) was dead and their estate was being administered, (ii) was bankrupt and their property was being administered by the trustee in bankruptcy or (iii) (being a company) was being wound up. In each of these cases the registered estate is subject to a form of trust (Ayerst v C & K (Construction) Ltd [1976] A.C. 167)
You must make the application on form ADV1 accompanied by a statement of truth or statutory declaration that meets the following requirement (Land Registration Rules 2003, rule 188(1)(a) and (2))
•it must be made by the applicant not more than one month before the date of the application
•it must provide evidence (together with any supporting statements of truth or statutory declarations) of adverse possession for not less than 10 years (or 60 years for Crown foreshore)
•if the application relates to part only of the land in a registered title, it must exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the part is referred to by reference to the title plan and this enables it to be identified. The plan must be signed by the applicant (rule 213 of the Land Registration Rules 2003)
•if the squatter is applying under Schedule 6, paragraph 1(2) of the Land Registration Act 2002 (where they have been evicted during the previous 6 months, but this eviction was not pursuant to a judgment for possession), it must contain the facts relied on with any appropriate exhibits
•it must contain confirmation that Schedule 6, paragraph 1(3) of the Land Registration Act 2002 does not apply (no current possession proceedings or judgment for possession given against the squatter in the last 2 years)
5.1 Inspection
Often the statements in statements of truth or statutory declarations, while not untrue, do not give a complete picture. For example, the person making the statement or declaration may have forgotten to mention a gate in a feature that appears, from the Ordnance Survey map, to bar access from adjoining land. Usually, therefore, we will arrange for a surveyor from Ordnance Survey to inspect the land and we will need to see their report before we can consider the application further. You, the squatter and the registered proprietor will be informed of the inspection before it takes place.
5.2 Case law
We examine each application on its own merits. We bear in mind the case law on adverse possession but you need to remember that the court will have heard evidence and arguments from both sides, while we will normally at this stage only be hearing the squatter’s version of events. And although the facts in any application may be superficially similar to those in a reported case, they are unlikely to be identical.
5.3 Notices
If, from the evidence we have seen, we believe it to be more likely than not that the squatter is entitled to apply to be registered, we will give notice of the application, under Schedule 6, paragraph 2 to: the registered proprietor of the estate affected the registered proprietor of any registered charge on that estate the Treasury Solicitor or the relevant Duchy where the registered proprietor is, or may be, a company which is dissolved (rule 188A of the Land Registration Rules 2003) where the estate is leasehold, the registered proprietor of any superior registered estate any person who has been registered as a person to be notified under Schedule 6, paragraph 2 of the Land Registration Act 2002 A person given such a notice may: consent to the application object to the application (section 73(1) of the Land Registration Act 2002) give counter notice in form NAP to the registrar requiring the registrar to deal with the application under Schedule 6, paragraph 5 of the Land Registration Act 2002, (Schedule 6, paragraph 3(1) of the Land Registration Act 2002.) or both object to the application and give counter notice. The notice will allow 65 working days for a reply and we will enclose a copy of form NAP for the recipient to use (rules 189 and 190 of the Land Registration Rules 2003). Form NAP must be used for a counter notice (whether or not the recipient also wants to object). It can be, but need not be, used to give consent or to object (though any objection must be in writing (rule 19 of the Land Registration Rules 2003)). The registrar may also give notice to any other person considered appropriate (rule 17 of the Land Registration Rules 2003). Therefore, we will normally give notice to successors in title to the registered proprietor, known or suspected from other available information or our local knowledge to have become entitled to the estate affected, such as a trustee in bankruptcy or a successor local authority. This notice will allow 15 working days for a reply as it is not a notice that the registrar is required to give under Schedule 6, paragraph 2 of the Land Registration Act 2002. A person receiving such a notice will only have 2 options: either to consent or to object to the application. They cannot serve a counter notice in form NAP, and therefore we will not enclose form NAP with this notice.
Any person wishing to object to the squatter’s application must deliver to the registrar a written statement signed by them or their conveyancer. It must state that the objector objects to the application, state the grounds for the objection and give the objector’s full name and an address for service (rule 19 of the Land Registration Rules 2003). This must be a postal address, whether or not in the United Kingdom. Further postal, email or DX addresses may be given as well, but there can be no more than 3 addresses for service in total (rule 198 of the Land Registration Rules 2003). Form NAP may be used for this purpose. The objection might be on the grounds that the squatter is not entitled to apply under Schedule 6 because, for example, there has not been adverse possession (ie factual possession, with the requisite intention and without the owner’s consent) or that the possession has not been for the necessary period of time (normally 10 years) (See Adverse possession – the essentials. Sometimes the registered proprietor (or other recipient of notice) will want both to object, for example on the grounds that there has not been 10 years’ adverse possession, and to ensure that, if they lose that argument, they can take advantage of Schedule 6, paragraph 5 so that the squatter’s application will be rejected unless any of the 3 conditions in that paragraph is met. In such a case, the objector must return the form NAP with 2 boxes ticked. They must both object, and require the application to be dealt with under paragraph 5 (see Giving counter notice to the registrar in response to notice). They must give the grounds of their objection. They do not need to say at this stage why they believe that none of the 3 conditions applies, but it would usually be convenient to do so if the squatter’s application indicates an intention to rely on one of them.
If a person given notice by the registrar (Under Schedule 6, paragraph 2 of the Land Registration Act 2002) objects to an application but does not indicate on form NAP that they require the application to be dealt with under paragraph 5, they will lose the opportunity to request that the application be dealt with under paragraph 5 once the 65 working day notice period has expired. In that case, it becomes immaterial whether or not the squatter can prove one of the three conditions. The squatter will be entitled to be registered as proprietor unless the objection is successful (Schedule 6, paragraph 4 of the Land Registration Act 2002).
If an objection is received, whether in response to the registrar’s notice or otherwise, then the application cannot be determined until the objection is disposed of, unless the registrar is satisfied that the objection is groundless (sections 73(5) and (6) of the Land Registration Act 2002). If the registrar decides that the objection is not groundless, notice of the objection must be given to the squatter or their conveyancer (section 73(5) of the Land Registration Act 2002). The registrar will then ask both parties whether they wish to negotiate and whether they consider that it may be possible to reach an agreement. If all parties respond positively, the registrar will allow them time to settle the matter by agreement. However, as soon as it becomes clear that the 2 sides are unable to reach an agreement, the registrar must refer the matter to the tribunal (section 73(7) of the Land Registration Act 2002). This will be done immediately if the parties do not wish to negotiate.
The tribunal will then either set a date for hearing and determining the matter or direct one of the parties to start proceedings in court. Further details of the procedure to be followed and of the position as to costs will be supplied by it at that stage.
A person receiving the 65 working day notice sent under Schedule 6, paragraph 2 of the Land Registration Act 2002 may choose to give counter notice to the registrar, requiring the application to be dealt with under Schedule 6, paragraph 5 of the Land Registration Act 2002. The counter notice has to be in form NAP, a copy of which is sent out with the notice: it must be completed and returned to the registrar within 65 working days (rules 189 and 190 of the Land Registration Rules 2003).
While form NAP must be used for giving counter notice, it is not necessary to use the particular copy originally sent by us. Suppose, for example, that the registered proprietor is notified by us of an application by a squatter and responds by lodging an objection using the copy of form NAP enclosed with the notice. They then decide, before the 65 working days have expired, that they wish also to give counter notice. They should do this using another copy of form NAP (which they can obtain from us if they wish).
If the squatter has not stated in their form ADV1 that they are relying on one of the three conditions in paragraph 5, then their application will be rejected when we receive the counter notice.
If the squatter is relying on one of the three conditions and counter notice is given, we will at this point (and not before) consider whether or not the statutory declaration or statement of truth sets out any facts supporting reliance on the condition and shows an arguable case for the condition being met. If we decide that it does not, the application may be rejected. If we are satisfied that it does, we will contact the people who gave the counter notice. If they dispute that the condition has been met, they can then object to the application on this ground (if they have not done so already). Unless the objection is groundless or disposed of by agreement, the registrar will refer the matter to the tribunal for resolution as described above in Objecting to the squatter’s application. If the people who gave the counter notice do not object, the squatter will be registered as proprietor.
Even if the registrar receives a counter notice stating that the recipient of the notice wishes the application to be dealt with under Schedule 6, paragraph 5 of the Land Registration Act 2002, the squatter is still entitled to be registered if any one of the following three conditions is met (Schedule 6, paragraph 5 of the Land Registration Act 20...
Mar 22, 2023 · The legal principle of adverse possession allows an individual to potentially gain legal ownership of land simply by occupying it (in certain circumstances). In this article, we explain what adverse possession is, and how it works.
Jun 4, 2024 · Adverse possession, an ancient legal doctrine, is often misunderstood by many. Sometimes referred to as "Squatter's Rights," it allows an individual to claim ownership of the land they have occupied without permission if certain stringent conditions are met.
Sep 23, 2024 · 1. Introduction. 2. Notices. 3. Restrictions. 4. Applying for a notice or restriction without reasonable cause. 5. Transitional provisions. 6. Appendix A: some possible means of protection for...
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Hostile Possession: The occupant’s use of the property must be hostile or without the owner’s permission. This hostility does not necessarily imply malicious intent but rather that the possession is adverse to the owner’s interests.
