LAND REGISTRATION AND ADVERSE POSSESSION

Abstract

Adverse possession applies to unregistered and registered land, depending on the jurisdiction. While the former seems to be permissible, the latter is considered to be problematic as it is irreconcilable with the concept of indefeasibility of title similar to the principle of rectification and fraud, which could allow for the rectification of the register in favour of the adverse possessor and against the registered title holder which is contrary to the system of land registration. The work relied on the theory of indefeasibility of registered title and the theory of property right to justify that adverse possession of registered land is incompatible with the land registration system. The work adopted doctrinal methodology in its analysis of the development of the law on adverse possession regarding registered land. The work found that adverse possession of registered land is antithetical to land registration system and not only unfair but unjust to the registered owner. The work recommended and concluded that the best way to protect registered land owners is by applying restitution principles to the operation of adverse possession.