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Adverse possession law reforms proposed

October 20, 2014

The Law Reform Commission today released a report containing final recommendations for reforming the adverse possession law.

 

One of the proposals suggests that when a registered title regime is in place, adverse possession alone should not extinguish the title to a registered estate.

 

A squatter on registered titled land will only have a right to apply for registration after 10 years' uninterrupted adverse possession. The registered owner will be notified of the squatter's application and can object to it, the commission proposes.

 

The existing deeds registration system does not guarantee a person the title even if they are registered as the owner of a property.

 

The Land Titles Ordinance enacted in 2004, provides for a registered title regime, but it is under review and has not yet been implemented.

 

Currently, the Limitation Ordinance says that a squatter can claim ownership of land after possessing it for 12 years, except in the case of government land.

 

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