Adverse possession is a legal principle allowing someone to claim ownership of land that isn’t theirs by possessing it exclusively and openly without the owner’s permission for a statutory period of usually 10-12 years.
If you need help proving adverse possession, you can contact our property disputes solicitors today. Alternatively, you can call 0800 988 7756 or fill in the enquiry form and our team will call you back.
| What is an adverse possession claim?
Adverse Possession is a legal principle commonly known as ‘squatters’ rights’. Land can be claimed in specific instances by those who do not hold legal title over that land. If it can be shown that productive use is made over land for a period of time, then it is possible for an individual to acquire adverse possession of registered land legally.
| Legal requirements to prove an adverse possession claim
When seeking to make a claim for adverse possession, you must show that:
- You have been in factual possession of the land for a required period;
- You have the intention to possess the land; and
- Your possession is adverse, essentially, without consent.
- The possession must be continuous/uninterrupted for a specified period of time, depending on whether the land is registered or unregistered.
1. Factual possession
To establish factual possession, you must possess the land for 10 years for registered land and 12 years for unregistered land. You must show that you took a ‘significant degree’ of exclusive control.
For example, consider that the land in question was entirely fenced off. If you placed a lock on the only entrance/exit and the lock remained in place for 10 (or 12) years, with no interruption or objection, then this can amount to factual possession.
2. Intent to possess the land
The ‘squatter’ must establish intent to possess the land for the entirety of the time that they hold the land. You would need to show exclusive intent to possess the land, showing it is for your sole benefit. You could also show that you (the ‘squatter’) are seeking to exclude all others from this land. For example, you could do this by fencing the land.
3. Adverse possession
This requirement is self-explanatory in that you have taken possession without the original landowner’s objections and/or consent. It is also the most contentious aspect of adverse possession and can lead to rising tensions, sometimes resulting in an escalation.
| Adverse possession FAQs
What are the five requirements for adverse possession?
There are five conditions to meet the requirements for adverse possession. These are:
- Factual possession of the land.
- Intention to possess the land.
- Possession that is without the owner’s consent.
- Possession that is open and obvious.
- The possession must be continuous for the required period, usually 10 years for registered land and 12 years for unregistered land.
How long does an adverse possession application take?
An adverse possession application might take months to complete but can take significantly longer if the legal owner of the land contests it.
If you are a legal owner looking to object, you may ask the Land Registry to refer the matter to a First-Tier Tribunal, which can extend the timeframe.
Our adverse possession solicitors can guide you through the process with security and discretion, ensuring that your claim for adverse possession is strong and thoroughly prepared.
How much does adverse possession cost?
The cost of an adverse possession claim will vary depending on the complexity of the matter and whether or not the claim is opposed. In most cases, there will be legal costs, Land Registry application fees, potential tribunal costs, and other fees contributing to the final expenses.
Our team of adverse possession solicitors can provide you with a tailored estimate so that you have an accurate understanding of the costs you could face.
How do I stop someone from claiming adverse possession?
Speed is key. If you suspect someone is using your land without your permission and might try to claim adverse possession, seek legal advice as soon as possible. A specialist solicitor will be able to advise you on the best course of action.
Can a neighbour claim adverse possession of our land?
Yes, in certain circumstances, a neighbour may make an adverse possession claim over land if they have met the legal requirements as outlined earlier. This will have been exclusive, extensive and continuous possession where they treated the land as their own for the required period of time. Early legal advice can help you to challenge or defend a claim whether you are dealing with registered land or adverse possession of unregistered land.
| Contact our solicitors for advice on your adverse possession claim
If you believe you may have an adverse possession claim, we strongly advise you to speak to solicitors. Likewise, if you are concerned that someone may attempt to claim part of your land by adverse possession.
Applications for adverse possession are dealt with by the HM Land Registry. The Land Registry will check that you have satisfied all legal requirements before providing legal possession of the land. If the land is registered, they will notify current landowners that you have made an application for possession.
The property disputes team at Levi Solicitors are experienced in adverse possession claims. We can provide you with in-depth advice and, if necessary, submit an application on your behalf. Call us today on 0800 988 7756 or submit an enquiry.
