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Leagal research - Term Paper Example

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This paper demonstrates how the land Registration Act of 2002 is likely to have far-reaching effects in terms of establishing rights to ownership over property and how it seeks to enforce a fair and equitable distribution in the rights of all parties…
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Leagal research
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Download file to see previous pages According to the conditions that existed before the Land Registration Act of 2002, adverse possession was not valid if the illegal occupant gave written notice of the true owners or if the actual owners physically occupied the land. After twelve years of occupation, the squatter on land could apply for registration of title as proprietor of a new or registered estate.  Therefore, by way of these limitations, the granting of title to the squatter was provisional and the required time period had to elapse before a squatter could legally claim the title to the land. However, the important factor that existed was that the issue of ownership did not rise in this case of adverse possession before the Land Registration Act, what the squatter gained was merely the right to continue to possess the land and enjoy complete rights to it as if he actually held the title of the property.
But according to the provisions of the new Land Registration Act, which came into force on 13 Oct 2003, squatters may directly put in an application for ownership. The law relating to adverse possession has undergone several changes, whereby the issue at stake is not title to the land,  so much as direct ownership of the land, either by the squatter or the paper owner. In a recent case, the Court suspended the possession order against a widowed mother who had enjoyed possession of land for thirteen years registration Act of 2002  clarifies that no matter how long the possession of the land, it will not bar the paper owner’s title to the registered land.
Adverse possession in itself will not give the squatter the right to register the land.
The application must be made on an ADVI form and be accompanied by a statutory declaration. The owners must be notified and will have the right to oppose the squatter’s claim for ownership and title to the property,  there is no guarantee of success if the land is registered, even if fences have been erected by the squatter.
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