Adverse Possession

What is adverse possession?

If there is a piece of land which you do not own but have been occupying, maintaining and using openly for a long period of time, then you may be able to become the registered owner of that land through an adverse possession claim.

What is the first step for an adverse possession claim?

The first step to making an adverse possession claim is to check with HM Land Registry to see if the concerned land is registered. The rules will differ for unregistered and registered land.

What if the land is unregistered?

If the land is unregistered then you will need to make an application for first registration on the basis of adverse possession. To do this you must make the application together with evidence of your use and occupation.

You will need to demonstrate at least 12 years of use.

Registered Land

Making an adverse possession claim for registered land is a little bit more difficult, as there is already a registered owner of the land. The HM Land Registry is required to notify the registered owner once they have received your application, and the legal owner then has the power to object your application.

You will need to demonstrate at least 10 years of use.

What evidence is required for an adverse possession claim?

In order for your claim to be successful you must show that:

1. You have ‘factual possession’ of the land – meaning that you have treated the land as your own by exercising physical control over it, an example of this would be erecting a fence/wall and excluding all other persons from the land.
2. You have the necessary intention to possess the land – Meaning that you have the intention to exclude ‘the world at large’ from the land.
3. You are seeking possession without the owner’s consent – the possession would not be ‘adverse’ if the registered owner has given you permission to use the land. The permission could come in the form of a license, lease or even verbal agreement.

The evidence is generally set out in a statutory declaration – which is a legal statement, which must be given under oath in front of a solicitor.

The more evidence you have the stronger your claim.

What are the potential outcomes?

Should the claim be successful, the HM Land Registry will register you as the legal owner of the property, however you will only be given a ‘possessory title’ which can be challenged. After 12 years you can apply to upgrade this to an ‘absolute title’ which is the best title available and therefore, it is much more difficult to challenge.

Should the claim be deemed unsuccessful due to lack of evidence or is challenged, you will have to wait before making a new application. The paper title owner may also become aware of the claim. Therefore, you will want to get the claim right the first time.

Need advice on adverse possession or a similar property query?

At Darwin Gray, our property disputes experts have extensive experience advising on cases relating to property and land. In most cases, it is usually best to seek legal advice as soon as possible. Contact our team for a no-obligation conversation on 02920 829 100 or via our Contact Form.