Adverse Possession Essay Example | Topics and Well Written Essays - 1500 words

Adverse Possession - Essay Example However, adverse possession is now governed by the Land Registration Act 2002, which came into force in October 2003. The Land Registration Act 2002 reduced the statutory amount of time to qualify for adverse possession from 12 to 10 years. However, the time required for adverse possession to be proved still remains at twelve years if the person claiming adverse possession had had possession of the said piece of land for a period of more than twelve years. An analysis of the issue of adverse possession in different jurisdictions indicates that the statutory period is varied and the elements that justify adverse possession are sometimes different. For example, in France, adverse possession is only acquired if a statutory period of thirty years has elapsed, while in Spain, the period is determined by the state of the property. In the Netherlands, statutory time is based on good faith, where the squatter is granted the land after ten years wit the presence of good faith, or twenty years otherwise. As already stated, the issue of adverse possession before the Land Registration Act 2002 came into force did not give the paper owner the right to challenge the application for adverse possession by the squatter. However, with the introduction of the new act, the simple fact of adverse possession for 12 years will not imply automatic ownership for the squatter; the squatter will be entitled to apply for adverse possession after 10 years possession.After the application is made, the registered owner.