Adverse possession in England and Wales has prompted considerable debate resulting in a significant change to the law under the LRA 2002 (see section 3). This area of law involves a number of difficult broader policy questions relating to land ownership rights and responsibilities. They include for example:
• Whether there should be responsibilities as well as rights that flow from ownership of land? Successful adverse possession claims require long uninterrupted periods of possession by the ‘squatter’. This generally means that the adversely possessed property is not being put to any use by the paper owner/registered proprietor.
• Should responsibility for land usage be a matter for individual judgement or the law?
• To what extent should the societal demand/need for housing be balanced against landowners’ rights to leave land/properties unused/empty?
• Where land is not being put to productive use, is adverse possession really the best/most appropriate mechanism to address this?
• Should the criminal law be used to prevent squatting and protect registered proprietors?
To what extent should the societal demand/need for housing be balanced against landowners’ rights to leave land/properties unused/empty?
