Adverse possession and the transmissibility of possessory rights - the dark side of land registration?

Abstract

The paper explores a problem thrown up by LRA 2002 Schedule 6 and the Act's provisions generally relating to changes concerning the law relating to adverse possession claims against registered titles. Under the LRA 2002 after 10 years adverse possession of a registered title a claimant for the same can apply to be registered as proprietor of the relevant land. The current registered owner is notified and is afforded the opportunity to object within certain time limits. If objection is made the adverse possessor applicant will only succeed in becoming the new registered proprietor on certain limited grounds. Due to the difficulty in succeeding the authors contend that de facto many adverse possessors of registered land do not bother applying to be registered and remain in adverse possession without making any application. This the authors contend indirectly revives the significance of possessory titles along with the issues relating to their usage, which ironically weakens the all important mirror principle the LRA 2002 was meant to strengthen. Empirical evidence is included in the paper which bears out the authors' contention in this regard. Law reform recommendations are then made so as to improve the relevant legal rules surrounding adverse possession claims against pre-existing registered titles.