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National Westminster Bank plc v Fox Davies

Gary Cowen QC appeared for the successful Fourth Respondent in National Westminster Bank plc v Fox Davies and others in the First Tier Tribunal (Land Registration) (Ref 2008/0006) in which the decision was handed down on 23 March 2020. Paragraphs 6(1) and 8(3)(b) of Schedule 1 to the Limitation Act 1980 make provision for adverse possession of unregistered land to be claimed even though the squatter does not occupy the land claimed provided the squatter unlawfully diverts the rent payable under a lease of that land from the true owner for a period of twelve years. The Tribunal decided that a party cannot, in seeking to make such a claim, rely upon a lease granted by someone who was not entitled to grant it including the squatter himself. Read more here.

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