Adverse possession is a legal principle that allows a person to claim ownership of land or property they have occupied without the permission of the legal owner. This principle, often referred to as "squatter's rights," can result in the occupier obtaining legal title to the property if certain conditions are met. While it may seem controversial, adverse possession plays an essential role in property law by ensuring that abandoned land can be claimed by the occupier if the legal test is met.
The legal basis of adverse possession
In the UK, adverse possession is governed by the Limitation Act 1980 and the Land Registration Act 2002 supplemented by case law. These laws set out the criteria that must be satisfied for an adverse possession claim to be successful. The fundamental principle is that the occupier must have been in continuous and uninterrupted possession of the land for a specific period, typically ten years for registered land and 12 years for unregistered land or a claim relying on a the rules before the Land Registration Act 2002. During this period, the occupier must have acted as the owner of the land, excluding all others, including the legal owner.
Key elements of adverse possession
For an adverse possession claim to succeed, the following key elements must be proven:
- Actual possession: The occupier must physically possess the land, demonstrating control and use of the property as an owner would. This might include activities such as building structures, cultivating the land, or fencing it off.
- Exclusive control: The occupier must have exclusive control over the land, meaning that they have excluded all others, including the legal owner, from using or accessing the property.
- Continuous possession: The occupation must be uninterrupted for the entire required period (10 or 12 years). If the occupier leaves the property or allows others to take control, the clock resets, and the period must start again. The possession can be legally interrupted without taking back physical possession.
- Intention to possess: The occupier must show an intention to possess the land as their own, not just temporarily use it. This intention can be inferred from the actions and behaviour of the occupier.
Registered vs. unregistered land
The process and requirements for adverse possession differ slightly depending on whether the land is registered or unregistered.
- Registered land: For registered land, the occupier must apply to the Land Registry after 10 years of continuous possession. The Land Registry will notify the legal owner, who then has an opportunity to oppose the claim. If the owner objects, the occupier must prove their entitlement to the land, or the application will be rejected.
- Unregistered land: For unregistered land, the occupier can apply to the Land Registry after 12 years of continuous possession. If the legal owner does not challenge the claim within this period, the occupier may be granted ownership.
Pre Land Registration Act 2002
Different rules apply to cases where occupier is claiming 12 years of occupation ending before the Act game into force on 13 October 2003. Generally speaking, the new rules make it harder to be successful in a claim for adverse possession.
How adverse possession claims are made
To make an adverse possession claim, the occupier must apply to the Land Registry using the appropriate forms and provide evidence supporting their claim. This evidence may include photographs, witness statements, and records of any improvements made to the property. The legal owner will be notified of the claim and given the opportunity to object. If the owner does not object or if the claim is upheld, the occupier will be granted legal ownership of the land.
If the claim is contested, the matter may be referred to the First-tier Tribunal (Property Chamber) for a decision. In such cases, it is advisable to seek legal representation, as the process can become complex and contentious.
Adverse possession can also be claimed as a defence in possession proceedings or form part of a case in the County Court or High Court.
Defending against adverse possession
For legal owners, it is important to be vigilant about the use of their property to prevent adverse possession claims. Regularly inspecting the land, taking action to remove trespassers, and granting temporary permissions for use can help protect against such claims. If a legal owner receives notice of an adverse possession claim or is concerned about occupiers on any of their land, they should seek legal advice immediately to challenge the claim and protect their property rights.
The impact of adverse possession
Adverse possession can have significant consequences for both claimants and legal owners. For claimants, successfully obtaining ownership through adverse possession provides legal title to the property and the ability to sell or develop it. For legal owners, losing property to adverse possession can result in financial loss and the disruption of plans for the land.
How we can help
At Stephensons, our solicitors specialise in handling adverse possession cases, whether you are seeking to claim ownership of land or defend against a claim. We provide expert guidance on the legal requirements, help gather necessary evidence, and represent you in disputes to ensure the best possible outcome.
Why choose us?
Choosing Stephensons means working with a team of experienced solicitors who understand the complexities of adverse possession law. We are committed to providing tailored advice and effective representation, ensuring your rights and interests are fully protected.
Contact us
If you need assistance with an adverse possession matter, contact our expert residential landlord solicitors at Stephensons today. We are here to help you navigate this complex area of law and achieve the best possible outcome for your case. Call us now to schedule a consultation on 0161 696 6170.
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