If you are not the legal owner of land but have been in possession of it for a required period of time, you could acquire the unclaimed land by way of adverse possession. Alternatively, you may have been put on notice that someone is attempting to acquire your land by way of an adverse possession claim. We can assist in either of these circumstances, whether or not the land is unregistered or registered.
There have been dramatic changes in the law relating to adverse possession since the implementation of the Land Registration Act 2002. What should have been and was intended to be a simplification of the law has in fact resulted in numerous complications as a result of transitional provisions within the Act and also case law which relates to human rights issues.
Much care and understanding is required in order to assess whether the old law or new law applies before an adverse possession application to the Land Registry can be made.
Our specialist team of adverse possession lawyers would be very happy to talk to you if you and offer legal advice if you think you may have a claim or you wish to object to such a claim.
An individual will need to provide evidence of factual possession when making an application based on adverse possession. Factual possession means that the person is treating land as their own by maintaining physical control over the land.
Factual possession is not the only condition that will need to be present, but it is something that the Land Registry will look for when reviewing the application.
Possessory title occurs when an application for a title deed was made but the applicant didn’t have the right documents in their possession when making an application. Having an absolute title would give landowners absolute right of ownership to the land or property. Possessory title may also be granted where someone has claimed title by adverse possession.
Yes. The amount of time depends on whether the land is registered (added to the Land Registry) or unregistered. For unregistered land, the land must have been occupied for 12 years. Registered land must have been occupied for 10 years.
The interest in the land can be passed on. For example, if the person you bought the land from has occupied the land for four years and you have continued to occupy it for six or more years, you can make a claim.
