Can I Claim Adverse Possession?
Adverse possession is the process in which a person may claim ownership of land or property that is not legally owned by them, arising through continued usage, occupation and control, often referred to as “squatters rights”.
An application for adverse possession can be made whether the land is registered or unregistered, so long as the certain key criteria is satisfied and can be evidenced.
When can I make a claim?
Adverse possession claims are subject to the following criteria:
1. Actual Possession – The claimant must physically occupy the land in a manner consistent with that of which any legal owner would be expected to do so.
2. Exclusive Possession – The claimant must have exclusive control and occupation of the land. This means you cannot share possession, whether intentional or not, with any owner(s) or the general public..
3. Without secrecy or consent – Use and enjoyment of the land must be open, without secrecy and without consent. This does not mean intentionally trespassing but instead the absence of permission.
5. Continuous Possession – For registered land, the claimant must have been in occupation and factual possession for a period of no less than 10 years. This is increased to 12 years for unregistered land.
Important – claiming adverse possession of registered land:
When making an application for registered land, the Land Registry will undertake steps to notify any legal owner(s) of such application provide them the opportunity to object. If the registered owner objects, the application will likely not succeed unless you are able to prove, with substantial evidence, that the legal owner has been inactive and absent.
How long is the process?
Making an application for adverse possession can be a lengthy process. Sufficient evidence will need to be provided, such as title plans and images demonstrating your usage and occupation of the land. These will need to be lodged alongside the standard application documents to satisfy the Land Registry that you should be registered as the legal owner.
Notwithstanding any potential objections by a legal owner or third parties, it is not unusual for an application to take upwards of 12 months to be processed. In some instances, you may be able to request the Land Registry expedite (fast-track) the application provided you have sufficient grounds to do so, for example if you are selling the land.
How can Bright Solicitors help?
Bright Solicitors have a wealth of knowledge and experience when dealing with registered and unregistered adverse possession claims. This ensures you receive the best possible advice and guidance when looking to make an application.
If you are looking to make a claim for adverse possession but aren’t sure if you have a suitable claim or how to proceed, get in touch with us today.
