In Healey v Fraine & Others [2023] EWCA Civ 549, the Court of Appeal has decided that Parliament did not intend to change the law of adverse possession in the Land Registration Act 2002 so that occupiers of land could be in possession with the consent of the owner and also be in adverse possession at the same time for the purposes of paragraph 5 of schedule 6 of the Act. The Court decided that the meaning of adverse possession had not changed.

The judgment is a wide-ranging review of the authorities relating to the legal principles of adverse possession in unregistered and registered land, which is well worth reading as a succinct statement of the law.

Michael Walsh acted for the successful Respondent, leading Richard Miller of Tanfield Chambers and instructed by Janani Puvi of Fladgate.

The judgment can be read here.