ABSTRACT
The law of adverse possession is one of the more remarkable features of English law. In simple terms, adverse possession is established by demonstrating the required degree of exclusive physical possession of the land, coupled with an intention to possess the land to the exclusion of all others, including the paper owner. As well as demonstrating an intention to possess the land, the adverse possessor must also demonstrate the physical taking of possession. The Land Registry’s original view was that, if the applicant based his or her ‘possession’ on acts which would amount to a criminal offence, then the application for title by adverse possession had to be rejected outright. If the essence of adverse possession of unregistered land is that a paper owner will be prevented from bringing an action to recover land against the person in actual possession of it, it is crucial to know exactly when the ‘bar’ will come into effect.
