ABSTRACT
This chapter addresses a very important right that may be created by adverse possession. This is also known as squatter’s right. An adverse possessor can become an owner of a property, whether registered or unregistered, by possessing a piece of land against the consent or permission of the real owner. Therefore, the requirements for possession are namely, ‘without force, without secrecy and without permission’. The law has set up the period of time for which an adverse possessor would need to possess the land. It is important for you to note that the law of adverse possession for registered and unregistered land is not the same. This is because the law of adverse possession for unregistered and registered land is regulated by different statutes. For instance, whereas the Limitation Act 1980 applies to adverse possession of unregistered land, the Land Registration Act (LRA) 2002 applies to registered land. You will see later in the chapter that the LRA 2002 regime has limited the prospect of a successful claim of adverse possession.
