ABSTRACT
The recent Nazir v Begum litigation explored what is meant by ‘a trust’ for the purposes of adverse possession under paragraph 12 of Schedule 6 of the Land Registration Act 2002. More directly, the case examines the question of when land held on trust is susceptible or subject to an adverse possession claim in registered land. This question reached the Court of Appeal in 2025 in Nazir v Begum where the court confirmed the High Court’s judgment that land held on statutory trust by a deceased’s executors was liable to a claim in adverse possession. This piece critiques the Nazir v Begum litigation, reflecting on what the court decided and its implications for the adverse possession scheme under the LRA 2002.
Bevan, Chris, In Adverse Possession we ‘Trust’? The Interplay of Schedule 6 of the LRA 2002 and Statutory Trusts (June 1, 2026). Accepted for publication in Conveyancer and Property Lawyer Journal, volume 90, issue 2, 174-183.
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