Land Registration Act 2002

Meaning of “adverse possession”E+W

This section has no associated Explanatory Notes

11(1)A person is in adverse possession of an estate in land for the purposes of this Schedule if, but for section 96, a period of limitation under section 15 of the Limitation Act 1980 (c. 58) would run in his favour in relation to the estate.

(2)A person is also to be regarded for those purposes as having been in adverse possession of an estate in land—

(a)where he is the successor in title to an estate in the land, during any period of adverse possession by a predecessor in title to that estate, or

(b)during any period of adverse possession by another person which comes between, and is continuous with, periods of adverse possession of his own.

(3)In determining whether for the purposes of this paragraph a period of limitation would run under section 15 of the Limitation Act 1980, there are to be disregarded—

(a)the commencement of any legal proceedings, and

(b)paragraph 6 of Schedule 1 to that Act.