Effect of Criminal Trespass on Claim for Adverse Possession

The Court of Appeal has upheld the High Court decision and has held that criminal trespass should not have an adverse effect, on a claim for adverse possession of registered land. The court considered the effect of section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which makes it a criminal offence to trespass by “living” in a residential building. (Best v Chief Land Registrar [2015] EWCA Civ 17.)

Written by James Naylor

Partner, CG Naylor LLP.