Can I Claim Ownership of Land That’s Not Mine? - Timms Solicitors (2024)

Can I Claim Ownership of Land That’s Not Mine? - Timms Solicitors (1)

In her latest blog, Conveyancer Katie Holmes discusses ‘How do I claim ownership of land that is not mine?’ …

Most land in England and Wales is now registered at the Land Registry so more often than not it is easy to find out who owns what land. However, sometimes there are parcels of land owned by one person but used by another, otherwise known as ‘squatting’. When someone wants to claim ownership of land that’s not theirs, it is called Adverse Possession.

How Can I Claim Adverse Possession?

To claim Adverse Possession you would need to make an application to the Land Registry. The Land Registry have a strict set of criteria you must meet before you can claim land you do not own. The rules are the same for registered and unregistered land but the application procedure is different. The Land Registry practice guides provide detailed guidance for both procedures: unregistered and registered.

It is a lot harder to successfully claim Adverse Possession of registered land and there are usually other, more effective routes for acquiring registered land.

You can find out whether the land in question is registered by contacting the Land Registry, and this should be your first port of call.

In order to claim Adverse Possession you must show that:

  • You have actual physical possession of the land (Fencing off the land is strong evidence of physical possession)
  • You have the intention to possess the land (Using the land as if it is your own to the exclusion of others)
  • Your possession is without the true owner’s consent
  • All of the above have been true for at least 12 years if the land is unregistered or 10 years if the land is registered

It is possible for someone to object to the application but the Land Registry will assess each application on their own merit. Any evidence you can provide to show you have met the above criteria will help any application.

How Can We Help You?

Every claim for Adverse Possession is different. If you need further information regarding this issue, or you would like to discuss your particular circ*mstances, please do get in touch via telephone on 01283 214231 or via email at k.holmes@timms-law.com

Can I Claim Ownership of Land That’s Not Mine? - Timms Solicitors (2)

Katie Holmes
April 2023

Can I Claim Ownership of Land That’s Not Mine? - Timms Solicitors (2024)

FAQs

What gives someone a legitimate claim to a piece of land? ›

Adverse possession essentially allows a trespasser onto a piece of land to gain ownership of that land if the true owner fails to object within a certain period of time and if the trespasser pays faithful property taxes on the subject land.

What is it called when no one owns a piece of land? ›

Bona vacantia (Latin for "ownerless goods") is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law. Nearly every piece of land on the Earth is a property and has a maintainer (owner).

How do you prove adverse possession in CT? ›

To establish adverse possession in Connecticut, several elements must be met. The person claiming adverse possession must show that their use of the land has been open, notorious, continuous, exclusive, adverse, and under a claim of right for a minimum of 15 years.

How to file for adverse possession in Mississippi? ›

To claim adverse possession in Mississippi, a squatter must physically occupy the property, demonstrate open and notorious possession, use the property exclusively, and maintain continuous possession for the required statutory period, all without the legal owner's permission.

How do you prove that you are the owner of the land? ›

There are several documents that can prove possession of land, such as deeds, mortgage documents, land survey records, and property tax records. These documents are like the breadcrumbs leading to your rightful ownership.

What is a claim against another's property known? ›

An encumbrance is a claim made against a property by someone other than the current titleholder. Some claims, such as those in commercial cases, do not affect the value of the property. Common types of claims include leases, property tax liens, easem*nts, and mortgages.

What is no man's land rule? ›

Definition: No man's land refers to a situation where it is unclear which government has the power to solve a problem related to work. This term was used a lot in the 1950s, but now we have better laws that make it clear which government can help in these situations.

What are the four elements to adverse possession? ›

A typical adverse possession statute requires that the occupation must be open and notorious, exclusive, hostile, and continuous and uninterrupted for a prescribed period of time. A person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.

What is land that nobody owns called? ›

Terra nullius (/ˈtɛrə ˈnʌlɪəs/, plural terrae nullius) is a Latin expression meaning "nobody's land".

How many years is adverse possession in CT? ›

In Connecticut, you must be on the land for 15 years to acquire property by adverse possession.

What are squatter rights in Connecticut? ›

What are Squatters' Rights in Connecticut? Squatters' rights, also known as adverse possession, refer to a legal claim allowing people to gain ownership of a property that they have occupied continuously for a statutory period. In Connecticut, this period is 15 years.

Can you claim land in Mississippi? ›

A person must occupy the property for 10 years to be able to claim ownership by adverse possession. In addition, the person must pay taxes on the property for at least 2 years. In addition, Mississippi has a special type of public land title called 16th Section land that's held in trust for public education.

Does paying property tax give ownership in Mississippi? ›

In Mississippi, paying the property taxes on someone else's land does not affect ownership in any manner. You simply cannot obtain title to someone's land by paying their taxes for them.

What is a hostile use of property? ›

Historically, laws consider any non-permissive use of property by a trespasser to be an adverse or hostile use.

What makes a claim legitimate? ›

Legitimate Claims means any claims, allegations or assertions which, in the reasonable, good faith opinion of the Board (after a diligent investigation of the facts), have substantial merit.

How do land claims work? ›

In a land claim, an Indigenous community sets out to prove that the community is legally entitled to reserve land and/or financial compensation, or that they never surrendered to the Crown their rights in lands and natural resources.

What do you have to prove in order to claim a piece of property through adverse possession quizlet? ›

To trigger adverse possession (i.e., to acquire title to property owned by someone else without the owner's consent), the person claiming title must actually enter and possess property owned by another, and the time and manner of possession must be: (1) continuous, (2) hostile to the interests of the true owner, (3) ...

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