Criminal trespassing and adverse possession (2)

Hot off the press, the Land Registry states that it is in the process of updating its adverse possession practice guides. It states that it will not proceed with an application for registration based on adverse possession unless, from the evidence presented to it, it is satisfied that the factual possession relied upon in support of the application did not constitute a criminal offence under section 144 Legal Aid, Sentencing and Punishment of Offenders Act 2012. However, it points out that the offence under section 144 is not retrospective, so that applications based exclusively on adverse possession before 1 September 2012 will be unaffected.