If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?

We have assumed that the lease is registered and that the application for adverse possession was made under the Land Registration Act 2002 (LRA 2002) adverse possession regime.

Under LRA 2002 adverse possession regime, a squatter can apply for registration as proprietor of a registered estate in land (which includes a registered leasehold estate) after ten years of adverse possession.

LRA 2002 does not alter the substantive law relating to the concepts of adverse possession—as made clear by LRA 2002, Sch 6, para 11, (see Practice Note: Establishing adverse possession of land and Commentary: Adverse possession: Claims to the Possession of Land [G2.8], but provides that title to land is not extinguished by any length of possession. See Commentary:

1. •

   Introduction to adverse possession: Atkin's Court Forms [14]

2. •

   Legislation governing adverse possession in relation to registered land: