PART 9  ADVERSE POSSESSION

81. Some of the Bill's most important reforms are those relating to the adverse possession of land. In a system of registered land, title should depend on the register rather than ill-defined possessory rights, which can often be difficult to ascertain even by visiting the property. The Bill's proposals offer a balance between giving greater protection to registered proprietors and the need to ensure that land which is being ignored by its owner remains in commerce. The majority of the proposals are dealt with in Schedule 6, and are explained in that part of this memorandum. The only delegated powers dealt with in the body of Part 9 deal with a matter of comparative detail.

CLAUSE 97   DEFENCES

82. A rentcharge is a recurring sum of money due in respect of land, which is secured against that land. Clause 97 delegates power to the Lord Chancellor to prohibit the recovery of rent due under a rentcharge from a person who has been in adverse possession of the rentcharge. The rule-making power is needed to ensure that the displaced owner cannot claim the money from the adverse possessor once his rights have been extinguished. This is a very technical area and the length of the provisions are likely to be disproportionate to their low relative importance. For this reason, the provisions are most appropriately located in land registration rules.