Commentary on the Sections Part 9: Adverse Possession
156.At present, in broad terms, where a squatter has been in adverse possession of land for the required period (the basic period is twelve years, the period within which actions for the recovery of land must be commenced), the proprietor of the land holds the land on trust for the squatter who may apply to be registered as proprietor of a new estate, where the registered land is freehold, or as proprietor of the registered estate where that estate is leasehold.
157.The Act provides a new scheme for adverse possession in relation to a registered estate in land. The essence of the scheme is that:
	Adverse possession of itself, for however long, will not bar the owner’s title to a registered estate in land or a registered rentcharge.
	A squatter will be entitled to apply to be registered as proprietor after ten years’ adverse possession and the registered proprietor, any registered chargee, and certain other persons interested in the land will be notified of the application.
	If the application is not opposed by any of those notified, the squatter will be registered as proprietor of the land.
	If any of those notified oppose the application it will be rejected, unless the adverse possessor can bring him or herself within one or more of three conditions.
	If the squatter’s application for registration is refused but the squatter remains in adverse possession for a further two years, he or she will be entitled to apply once again to be registered and will this time be registered as proprietor whether or not the registered proprietor objects.
	Where the registered proprietor brings proceedings to recover possession from a squatter, the Act allows the squatter to establish certain limited defences which are consistent with the three conditions mentioned above.