ABSTRACT
This chapter considers adverse possession as a means of acquisition of title to an estate in land. The first consideration will be the reasons for recognising the doctrine in land law. The chapter explores the requirements as they apply to both unregistered and registered land. Finally, the effect of adverse possession in unregistered land and registered land will be compared and the changes made by the Land Registration Act 2002 in response to difficulties in its operation explained. The chapter reviews the justifications for the doctrine of adverse possession. It identifies the requirements for adverse possession, namely the meaning of 'factual possession' and 'intention to possess'. Adverse possession then has advantages where the person taking possession genuinely believed they own the land. Adverse possession is not an easy fit with the concept of indefeasibility of title under the registered land system and the justifications relating to curing uncertainty of ownership are removed by identification of ownership in the register.
