Restriction on applications
265.Paragraph 8 Sub-paragraph (1) is intended to ensure that the protection against adverse possession conferred by the Limitation (Enemies and War Prisoners) Act 1945 continues to apply.
266.Under the Limitation Act 1980, section 28 a person under a disability must be suffering it when adverse possession commences. Under sub-paragraph (2) the relevant time will be when the applicant applies to be registered, as that is when the registered proprietor needs to be able to protect his or her position by objecting to the application. The sub-paragraph is wider than section 28 as it protects not only those suffering mental disability but also those who are so physically impaired that they cannot communicate their decision.
