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Part 9 Adverse possession

96 Disapplication of periods of limitation

(1) No period of limitation under section 15 of the Limitation Act 1980 (c. 58) (time limits in relation to recovery of land) shall run against any person, other than a chargee, in relation to an estate in land or rentcharge the title to which is registered.

(2) No period of limitation under section 16 of that Act (time limits in relation to redemption of land) shall run against any person in relation to such an estate in land or rentcharge.

(3) Accordingly, section 17 of that Act (extinction of title on expiry of time limit) does not operate to extinguish the title of any person where, by virtue of this section, a period of limitation does not run against him.

97 Registration of adverse possessor

Schedule 6 (which makes provision about the registration of an adverse possessor of an estate in land or rentcharge) has effect.

98 Defences

(1) A person has a defence to an action for possession of land if—

(a) on the day immediately preceding that on which the action was brought he was entitled to make an application under paragraph 1 of Schedule 6 to be registered as the proprietor of an estate in the land, and

(b) had he made such an application on that day, the condition in paragraph 5(4) of that Schedule would have been satisfied.

(2) A judgment for possession of land ceases to be enforceable at the end of the period of two years beginning with the date of the judgment if the proceedings in which the judgment is given were commenced against a person who was at that time entitled to make an application under paragraph 1 of Schedule 6.

(3) A person has a defence to an action for possession of land if on the day immediately preceding that on which the action was brought he was entitled to make an application under paragraph 6 of Schedule 6 to be registered as the proprietor of an estate in the land.

(4) A judgment for possession of land ceases to be enforceable at the end of the period of two years beginning with the date of the judgment if, at the end of that period, the person against whom the judgment was given is entitled to make an application under paragraph 6 of Schedule 6 to be registered as the proprietor of an estate in the land.

(5) Where in any proceedings a court determines that—

(a) a person is entitled to a defence under this section, or

(b) a judgment for possession has ceased to be enforceable against a person by virtue of subsection (4),

the court must order the registrar to register him as the proprietor of the estate in relation to which he is entitled to make an application under Schedule 6.

(6) The defences under this section are additional to any other defences a person may have.

(7) Rules may make provision to prohibit the recovery of rent due under a rentcharge from a person who has been in adverse possession of the rentcharge.

Part 10 Land registry

Administration

99 The land registry

(1) There is to continue to be an office called Her Majesty’s Land Registry which is to deal with the business of registration under this Act.

(2) The land registry is to consist of—

(a) the Chief Land Registrar, who is its head, and

(b) the staff appointed by him;

and references in this Act to a member of the land registry are to be read accordingly.

(3) The Lord Chancellor shall appoint a person to be the Chief Land Registrar.

(4) Schedule 7 (which makes further provision about the land registry) has effect.

100 Conduct of business

(1) Any function of the registrar may be carried out by any member of the land registry who is authorised for the purpose by the registrar.

(2) The Lord Chancellor may by regulations make provision about the carrying out of functions during any vacancy in the office of registrar.

(3) The Lord Chancellor may by order designate a particular office of the land registry as the proper office for the receipt of applications or a specified description of application.

(4) The registrar may prepare and publish such forms and directions as he considers necessary or desirable for facilitating the conduct of the business of registration under this Act.

101 Annual report

(1) The registrar must make an annual report on the business of the land registry to the Lord Chancellor.

(2) The registrar must publish every report under this section and may do so in such manner as he thinks fit.

(3) The Lord Chancellor must lay copies of every report under this section before Parliament.

Fees and indemnities

102 Fee orders

The Lord Chancellor may with the advice and assistance of the body referred to in section 127(2) (the Rule Committee), and the consent of the Treasury, by order—

(a) prescribe fees to be paid in respect of dealings with the land registry, except under section 69(3)(b) or 105;

(b) make provision about the payment of prescribed fees.

103 Indemnities

Schedule 8 (which makes provision for the payment of indemnities by the registrar) has effect.

Miscellaneous

104 General information about land

The registrar may publish information about land in England and Wales if it appears to him to be information in which there is legitimate public interest.

105 Consultancy and advisory services

(1) The registrar may provide, or arrange for the provision of, consultancy or advisory services about the registration of land in England and Wales or elsewhere.

(2) The terms on which services are provided under this section by the registrar, in particular terms as to payment, shall be such as he thinks fit.

106 Incidental powers: companies

(1) If the registrar considers it expedient to do so in connection with his functions under section 69(3)(a), 92(1), 94 or 105(1) or paragraph 10 of Schedule 5, he may—

(a) form, or participate in the formation of, a company, or

(b) purchase, or invest in, a company.

(2) In this section—

  • “company” means a company within the meaning of the Companies Act 1985 (c. 6);

  • “invest” means invest in any way (whether by acquiring assets, securities or rights or otherwise).

(3) This section is without prejudice to any powers of the registrar exercisable otherwise than by virtue of this section.