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I will confirm a visit nearer the end of next week in order that you can see the colour photographs. I
will confirm with the barrister that they are happy to use black and white pictures and if this is the
case I will give you the colour set.

Should you have any further questions then please email me back so that I can assist you further.

Regards

Josephine

PS Below I have attached some information regarding the law of adverse possession

The new regime – a brief overview

Prior to the coming into force of the LRA 2002, a squatter could acquire the right to be registered as
proprietor of a registered estate if they had been in adverse possession of the land for a minimum of
12 years. However, the doctrine of adverse possession did not fit easily with the concept of
indefeasibility of title that underlies the system of land registration. Nor could it be justified by the
uncertainties as to ownership which can arise where land is unregistered; the legal estate is vested in
the registered proprietor and they are identified in the register.

The LRA 2002 has created a new regime that applies only to registered land. This new regime is set
out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent
an application for adverse possession of their land being completed. The following paragraphs provide
a brief overview of the new regime; the remaining sections of this guide discuss it in more detail.

Adverse possession of registered land for 12 years of itself will no longer affect the registered
proprietor’s title.

After 10 years’ adverse possession, the squatter will be entitled to apply to be registered as
proprietor in place of the registered proprietor of the land.

On such an application being made the registered proprietor (and certain other persons
interested in the land) will be notified and given the opportunity to oppose the application.

1
If the application is not opposed , the squatter will be registered as proprietor in place of the
registered proprietor of the land.

If the application is opposed, it will be rejected unless either:

it would be unconscionable because of an equity by estoppel for the registered proprietor
to seek to dispossess the squatter and the squatter ought in the circumstances to be
registered as proprietor

the squatter is for some other reason entitled to be registered as proprietor, or

the squatter has been in adverse possession of land adjacent to their own under the
mistaken but reasonable belief that they are the owner of it, the exact line of the boundary
with this adjacent land has not been determined and the estate to which the application
relates was registered more than a year prior to the date of the application.

In the event that the application is rejected but the squatter remains in adverse possession for a
further two years, they will then be able, subject to certain exceptions, to reapply to be
registered as proprietor and this time will be so registered whether or not anyone opposes the
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