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Land Registration Act 2002

Section 96: Disapplication of periods of limitation

158.Section 96 provides that, in relation to a registered estate in land or a registered rentcharge, no period of limitation runs in relation to:

  • actions for the recovery of land except in favour of a chargee, or

  • actions for redemption

and so the title to such an estate or rentcharge cannot be extinguished.  The exception in favour of chargees means that section 15 of the Limitation Act 1980 will continue to apply to an action by a chargee for possession or foreclosure, to enforce its security. As regards actions for redemption, at present, once a mortgagee has been in possession for twelve years, the mortgagor loses his or her right to redeem the mortgage and his or her title is extinguished.   This will no longer be the case.

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