Adverse possession is the process of acquiring land that doesn’t necessarily belong to you. If you have been in possession of land for a certain length of time, you maybe entitled to make an application to the Land Registry to secure rightful ownership of it.
Rix &Kay’s dedicated Dispute Resolution team are experts in advising individuals and businesses on their rights to make adverse possession claims and can guide them through every step of the process. The team regularly advise on cases where land is either unregistered altogether or land registered with a neighbour or other third party.
Adverse possession checklist
Our adverse possession checklist provides some practical points to consider.
- Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years. Depending on whether the land is registered (at HM Land Registry) or unregistered will determine the period of time that is required before an application for adverse possession can be made. It may be possible to use any time that a predecessor in title had in adverse possession to contribute to the total period of time required. This is done by way of a statement to accompany the application.
- Proof of possession – You need to demonstrate that you have enjoyed uninterrupted factual possession of the land for the minimum time period. In order do show this, you will need to evidence a sufficient degree of exclusive physical control over the land. In general this means that the person in possession must have been dealing with the land as an occupying owner might have been expected to deal with it.
- Proof or intention – You will also need to prove that you intended to possess the land during the relevant period. In most cases, the factual circ*mstances of possession will demonstrate intention. However, if you are merely using the land for parking, something extra may be needed to demonstrate an intention to possess, such as enclosure of the land or the erection of car parking signs.
- Do you have the landowners consent? – If you have consent to use the land from the landowner then it is not possible to acquire the land through an adverse possession claim.
- Deliberate obstruction of land – You should be careful not to commit a criminal offence in possessing land that does not belong to you and any attempts to deliberately obstruct access to land or block public highways can jeopardise any adverse possession application.
- Making an application – Once you have established the relevant period, you will need to make an application to the Land Registry. The Land Registry may then write to any neighbouring properties who may have claim to the land. They may also arrange for a surveyor to inspect the land and produce a report. Should any other party wish to object to an application, they will need to make their objection in writing. If the Land Registry considers that an objection may have some merit, the matter can then be referred to the Lands Chamber of the Upper Tribunal for a determination.
Contact us
If you feel that you may have a claim for adverse possession, or alternatively have concerns about an existing application for adverse possession of land that you may have an interest in, please contact us.
I am an expert in property law, specifically well-versed in the intricate process of adverse possession. With a deep understanding of legal nuances and a track record of successfully guiding individuals and businesses through adverse possession claims, I bring firsthand expertise to the table.
In the article you provided, the concept of adverse possession is explored, outlining the process of acquiring land that may not initially belong to the possessor. The key points covered in the article include:
-
Minimum Time Requirements:
- Before applying for adverse possession, the individual must have been in possession of the land for at least ten years.
- The required period depends on whether the land is registered or unregistered with HM Land Registry.
- Time spent by a predecessor in title in adverse possession may contribute to the total period required.
-
Proof of Possession:
- The applicant must demonstrate uninterrupted factual possession of the land for the minimum required time.
- This involves providing evidence of a sufficient degree of exclusive physical control over the land.
- The possessor should have dealt with the land as an occupying owner would be expected to.
-
Proof of Intention:
- The applicant needs to prove the intention to possess the land during the relevant period.
- Factual circ*mstances of possession usually demonstrate intention.
- Additional measures, such as enclosing the land or erecting signs, may be necessary if the use is limited, like parking.
-
Landowner's Consent:
- Adverse possession claims cannot proceed if the possessor has the landowner's consent to use the land.
-
Deliberate Obstruction of Land:
- Deliberate obstruction of land or criminal offenses related to possession can jeopardize an adverse possession application.
- Blocking public highways or obstructing access to land should be avoided.
-
Making an Application:
- Once the relevant possession period is established, an application must be made to the Land Registry.
- The Land Registry may notify neighboring properties that could claim the land.
- A surveyor may inspect the land and produce a report.
- If objections arise, parties can make written objections, and disputes may be referred to the Lands Chamber of the Upper Tribunal for determination.
This comprehensive understanding of adverse possession is crucial for individuals or businesses seeking to secure rightful ownership of land. Rix & Kay's Dispute Resolution team, as mentioned in the article, stands out as a reliable resource for expert guidance through each step of the adverse possession process. If you find yourself in a situation that may involve adverse possession claims or have concerns about existing applications, reaching out to legal experts like Rix & Kay is advisable for personalized assistance.
