Richard Oughton wins in an important case clarifying the law on adverse possession and registered land



In Crook v Zurich Assurance REF/2019/`1066 the First Tier Tribunal (Land Registration) clarified the law in relation to para 5(4) of the Sixth Schedule to the Land Registration Act 2002. For an adverse possessor to acquire title to registered land where the boundaries are uncertain, he must, inter alia, show that he “reasonably believed” that he was the owner of the land for ten years. Prior to Crook v Zurich the law was uncertain whether any ten years’ belief need be shown, or only ten years’ belief ending immediately before the application to the Land Registry to alter the land. The First Tier Tribunal accepted Richard Oughton’s argument that any ten years’ belief sufficed.

The matter is discussed in an article by Richard Oughton in the New Law Journal