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SCHEDULES

SCHEDULE 6Registration of adverse possessor

Right to apply for registration

1(1)A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application.

(2)A person may also apply to the registrar to be registered as the proprietor of a registered estate in land if—

(a)he has in the period of six months ending on the date of the application ceased to be in adverse possession of the estate because of eviction by the registered proprietor, or a person claiming under the registered proprietor,

(b)on the day before his eviction he was entitled to make an application under sub-paragraph (1), and

(c)the eviction was not pursuant to a judgment for possession.

(3)However, a person may not make an application under this paragraph if—

(a)he is a defendant in proceedings which involve asserting a right to possession of the land, or

(b)judgment for possession of the land has been given against him in the last two years.

(4)For the purposes of sub-paragraph (1), the estate need not have been registered throughout the period of adverse possession.