Chris Stoner and Andrew Bruce explain the scope of the boundary exception in claims to adverse possession

There has been an important restatement of the scope of the boundary exception in claims to adverse possession under the Land Registration Act 2002. This is set out in the judgment of Fancourt J in Dowse v City of Bradford Metropolitan District Council [2020] UKUT 0202 (LC). 

As is well known, the 2002 Act brought about fundamental changes to the law of adverse possession for registered land. 

No longer were the provisions of sections 15 and 17 of the Limitation Act 1980 and the 12-year limitation of title applicable. No longer did a claimant have to prove 12 years’ possession adverse to all others in order to extinguish the owner’s title, whereupon the claimant would be registered with a new poss...

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