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title before 13 October 2003

Before 13 October 2003 registered land was subject to the 12-year limitation period of the LA 1980 and the rules contained in the LRA 1925. Once the squatter could establish factual possession for a period of 12 years with the necessary animus possidendi, he had an overriding interest by virtue of s 70(1)(f) of the LRA 1925. The squatter was entitled to be entered as the proprietor and the paper owner held the property in trust for the squatter pending the latter’s registration as the proprietor (s 75 of the LRA 1925). If the squatter is able to establish adverse possession for a period of 12 years, he will be subject to these rules.