LAND REGISTRATION AND ADVERSE POSSESSION

Abstract

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