A REVIEW OF THE EXISTING KNOWLEDGE ON ADVERSE POSSESSION OF REGISTERED LAND

Abstract

This study critically examines some of the existing literature on the doctrine of adverse possession in the context of registered land, exploring its rationale, critiques, and implications under the Lands United Kingdom’s Lands Registration Act 2002 (LRA 2002) and Lagos State Lands Registration Law 2015 (LRL 2015). It highlights the dichotomy between the perception of squatters as trespassers and the legal framework that allows them to acquire ownership through prolonged occupation. Judicial opinions, including those of Lord Denning and Neuberger J., emphasize the inherent conflict between adverse possession and the principle of indefeasibility of title central to modern land registration systems. The LRA 2002 in England is analyzed as a significant reform, offering a model for balancing the rights of registered proprietors and adverse possessors. Comparisons are drawn with LRL, which retain outdated provisions that undermine legal certainty and equity. The article critiques justifications for adverse possession, such as preventing stale claims and encouraging land use, arguing that these rationales are less applicable in systems where registration provides conclusive proof of ownership. It concludes by advocating for reforms that align adverse possession laws with the principles of fairness, transparency, and the integrity of registered land systems.