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Old October 31st 07, 01:30 PM posted to uk.legal.moderated
fjmd1@yahoo.co.uk
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Posts: 671
Default Land Law and adverse possession

On 31 Oct, 13:15, Stuart Bronstein wrote:


For example in the US the distinction between registered and
unregistered land does not exist - it's all registered (we call it
"recorded").


My understanding was that this isn't the case - that there is no
registered land, as we would understand it - in the US and that you
rely on title insurance. Isn't that right? Your system is essentially
a form of deed registration, whereas ours is a full "Torrens title"
system.


And as I recall using of property for the prescriptive period in the UK
does not automatically create adverse possession. Some further steps


It does if its unregistered not if its registered.

are necessary, such as contacting the adverse party and giving notice
of your claim. In the US once the prescriptive period passes (assuming
all the other elements are also present) legal ownership transfers
without any additional action. Of course to make it more enforceable a
court order is helpful, but it's technically not necessary.


Right. Both are possible here as I said in my last post.

Francis


 

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