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Land Registry

JohnWhittingdale October 12, 2011 2 min read

Mr Whittingdale: To ask the Secretary of State for Business, Innovation and Skills how many applications for adverse possession of plots of land were made to the Land Registry in each of the last 10 years; and how many such applications were successful. [70891]

Mr Davey: Applications for registration as the owner of land on the basis of adverse possession can be divided into two types. First, there are those where the land concerned is unregistered and the application is to register the squatter as the first “registered proprietor” (in other words, the first registered owner). Secondly, those where the land has already been registered and the application is to register the squatter as the new registered proprietor.

Land Registry does not have reliable statistics for the first type of application. One of the main reasons for this is that it is not unusual for these “first registration applications” to be made on more than one basis. For example, the title deeds may not be entirely clear, and so, while Land Registry is satisfied that the applicant can properly be registered as proprietor and completes the application, it might not be clear whether he or she has a “documentary title” (the land involved falling within the extent covered by the title deeds) or a “possessory title” (the land falling outside the title deeds but the applicant having acquired title by virtue of adverse possession). Such an application may well not be recorded as being an adverse possession application.

Land Registry does have statistics for the second type of application for the financial years 2008-09, 2009-10 and 2010-11: these show that the number of successful applications of this type in these years were 1,111, 1,059 and 868 respectively.

Mr Whittingdale: To ask the Secretary of State for Business, Innovation and Skills how many applications for adverse possession of plots of land made to the Land Registry in each of the last 10 years were found to be fraudulent. [70892]

Mr Davey: All applications for adverse possession made to Land Registry are considered on their merits. Applications either succeed or fail. There are no figures kept on why applications fail and we are therefore unable to provide the figures requested.

Mr Whittingdale: To ask the Secretary of State for Business, Innovation and Skills how many prosecutions under the Fraud Act were brought by the Land Registry as a result of dishonest statements being made by applicants for adverse possession in each of the last 10 years. [70893]

Mr Davey: There have been no prosecutions under the Fraud Act made by Land Registry as a result of dishonest statements made by applicants for adverse possession in the last 10 years.

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