🔒 Navigating the Judicial Route in Adverse Possession: A Comprehensive Guide

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

We continue our exploration of land law adverse possession, focusing on the judicial route in registered land cases and the critical two-year window proprietors have to enforce judgments before losing their rights.
• Proprietors can bring matters to head by evicting claimants or beginning judicial proceedings
• After 10 years of adverse possession, proprietors effectively get two years to recover possession
• Time limits for mortgagees to enforce security remain governed by the 1980 Limitation Act
• Applications for registration cannot be made if the proprietor has mental disability or physical impairment preventing communication
• Land held in trust is not considered in adverse possession unless all beneficiaries have interest in possession
• When a claimant is registered, they take over the registered estate while their common law title is extinguished
• New proprietors generally acquire the estate free of registered charges unless specific conditions apply
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Introduction to Registered Land (00:00:00)

2. The Judicial Route Explained (00:00:57)

3. 10-Year Adverse Possession Overview (00:02:48)

4. Special Considerations and Limitations (00:03:23)

5. Effects of Registration on Claimants (00:06:06)