Land Registration Act Differences

Summary

Section 53 of the Land Registration Act (NI) 1970 requires squatters to apply for registration after 12 years, offering stronger protection for registered landowners compared to Section 75 of the Land Registration Act 1925, which automatically vested title to squatters. The burden of proof is heavier under Section 53, as squatters must actively apply and face potential opposition. In England and Wales, the old law under Section 75 continues to apply if adverse possession began before 13 October 2003, with the squatter in possession for at least 12 years by that date, and no action taken by the registered owner.

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Since the land is registered, Denzil might have a stronger case due to the more formalized process of adverse possession under Section * of the Land Registration Act (NI) *.
The differences impact Denzil’s situation in the following ways:
- Rutger must have applied for registration after 12 years, and notice would have been served to Crispin or Denzil.
- Without an application or notice, Rutger cannot claim title.
Do you need advice on the next steps Denzil should take?
does S53 provide stronger protection for registered landowners than s75 and does it place a heavier burden of proof on the person claiming adverse possession
Section * of the Land Registration Act (NI) * does provide stronger protection for registered landowners than Section * of the Land Registration Act *. Here’s why:
- Stronger Protection:
- Section *: Requires the squatter to apply for registration after 12 years, and the Registrar can notify the registered owner, who can oppose the application.
- Section *: Automatically vested the title to the squatter after 12 years without notifying the registered owner.
- Heavier Burden of Proof:
- Section *: The squatter must actively apply for registration and face potential opposition from the registered owner.
- Section *: The squatter gained title automatically without needing to apply or prove their case to the Registrar.
Would you like more details on how this affects Denzil's specific situation?
In what circumstances does the law that was contained in section * of the Land Registration Act * continue (in substance) to apply in England and Wales due to the operation of Schedule * of the Land Registration Act *?
The law contained in Section * of the Land Registration Act * continues to apply in England and Wales under Schedule * of the Land Registration Act * in the following circumstances:
- Where adverse possession began before * October *.
- The squatter must have been in possession for at least 12 years by that date.
- No action was taken by the registered owner to recover possession by that date.
Do you need further clarification on how this might impact a specific case?