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Words: | Submitted: Wed Apr 07 2004
... the new '2002 Act' will come into force on the 13th October this year, therefore the existing law of adverse possession remains enforceable. The current law is archaic and has been subject to much criticism, the Law Commission have proclaimed that, 'the main weakness of the present law is that the principles which determine whether a registered proprietor will lose his or her title by adverse possession were developed by a possession - based system of title and not one founded on registration'2 The current law on adverse possession is governed by the 'Land Registration Act 1925' (LRA 1925) and the 'Limitation Act 1980'(LA) and will remain unchanged in relation to unregistered land after the new Act is implemented. At present 'adverse possession' is based on the principle that if the legal owner fails within twelve years to initiate eviction proceedings against a squatter or trespasser on his land the ...
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