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Adverse possession — SQE1 Land question

A worked single-best-answer question on adverse possession, with why each wrong option is wrong — the way SQE1 traps candidates.

Adverse possession

Paul fenced off and has used as part of his garden a strip of land belonging to his neighbour Rosa, a registered proprietor. He has done so for eleven years, knowing throughout that the strip belonged to Rosa. Paul has now applied to HM Land Registry to be registered as proprietor of the strip. Rosa has been notified and has served a counter-notice requiring the application to be dealt with under paragraph 5 of Schedule 6 to the Land Registration Act 2002.

What is the most likely outcome?

  1. AThe application will be rejected, but if Rosa takes no steps to recover the strip and Paul remains in adverse possession for two more years, he may reapply and be registered.
  2. BPaul will be registered, because he has been in adverse possession for more than ten years.
  3. CPaul will be registered under the boundary condition, because the strip adjoins his land.
  4. DThe application will be rejected, and Paul can never acquire the strip by adverse possession.
  5. EPaul will be registered, because Rosa's title was extinguished after twelve years under the Limitation Act 1980.
Show answer and reasoning
A is the best answer. Under the Land Registration Act 2002, Sch 6, a squatter in adverse possession for ten years may apply to be registered, but if the proprietor serves a counter-notice the application succeeds only if one of the para 5 conditions (estoppel, some other entitlement, or reasonable mistaken belief as to the boundary) is met. Paul knew the land was Rosa's, so none applies. Under paras 6 and 7, if he remains in adverse possession for two years after rejection and Rosa does not evict him, he may reapply and must be registered.

Rule: If a registered proprietor objects, a squatter's application fails unless a para 5 condition is met, but the squatter can reapply after a further two years' adverse possession.

  • B Ten years entitles him to apply, but once the proprietor objects he must satisfy one of the para 5 conditions. (wrong rule)
  • C The boundary condition requires a reasonable belief for at least ten years that the land was his; Paul knew it was Rosa's. (right rule, wrong facts)
  • D A rejected applicant who remains in adverse possession for two years may apply again and be registered. (wrong rule)
  • E Paul has had eleven years, and in any event the 12-year extinction rule does not apply to registered land. (wrong rule)

Source: Land Registration Act 2002, s 96 and Sch 6, paras 1, 2, 5, 6, 7

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