Brett would need to have failed to assert his possession of the land for two years after any notice he gives to the registrar that he should continue to be recognised as the registered proprietor

Under transitional rules, Courtney would be entitled to be automatically registered as the proprietor of the land in question, because the new rules only require a 10 year period before an application can be made

Courtney was spending time, energy, and money on the plot, after initial permission to use the plot. This would mean her claim to be registered will be automatically allowed on the basis of estoppel

Courtney would not have to evidence possession in the same way – the new rules relating to registration focus entirely on notification and the behaviours of the registered proprietor, and not the quality of the use of the land by the adverse possessor

Brett would need to have failed to acknowledge Courtney’s application for registration within 13 weeks of being notified of her intentions