At TV Edwards, we understand that challenges to land ownership can be complex and stressful. Adverse possession is an area where you may benefit from legal advice.
If you believe you have the right to claim unused land as your own, through your long-term use or occupation of it, our conveyancing lawyers can guide you through the process. Whether it’s a building or a patch of land, our specialists can help you gather evidence, apply in the correct way, and deal with any owner objections.
What is Adverse Possession?
Adverse possession is the legal mechanism by which a person can acquire legal ownership of land if they have occupied the land for a minimum of 12 years and this period of occupation has been unopposed and uninterrupted.
One scenario where adverse possession can arise is when a property owner has enclosed a parcel of land which forms part of their garden but does not fall within the title boundaries of the land and property they own.
How do you acquire land by adverse possession?
In order to acquire land by adverse possession, the occupier must have the following:
Factual possession of the land, i.e. the occupier must deal with the land as the actual owner might have been expected to. There must also be an appropriate degree of physical control over the land by the occupier, e.g. they have enclosed the occupied land with fences.
An intention to possess the land to the exclusion of all others, including the true legal owner.
Possession of the land must be without legal entitlement or without the true legal owner’s consent.
If the above points are satisfied, the occupier can apply to the Land Registry to register themself as the owner of the occupied land. The Land Registry requirements for the application will differ depending on whether the occupied land is registered or unregistered.
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How We Handle Adverse Possession
Adverse possession claims can be complicated, and the burden of proof is on the claimant. This means you have to provide significant evidence, such as documents or witnesses, to show your long-term use.
Our friendly team of solicitors have extensive experience in these claims, and can do the following:
- We can help you gather evidence, such as photographs, bills, or witness testimonials
- We can assess your evidence and be transparent about whether you have a valid claim
- We can help you prepare and submit your adverse possession claim to the Land Registry
- If the owner objects, we can advise what to do next and robustly represent your interests
Claims are often contested by the legal owner, even if they haven’t used the land for over a decade.
This can be difficult, especially if you want to stay on good terms with your neighbour. Our team of lawyers can help you to navigate this, aiming for a reasonable and cost-effective solution.
Why Choose TV Edwards?
- Highly ranked in legal directories – Recognised by Legal 500 and Chambers UK
- Proven success – A wealth of experience and track record of securing adverse possessions
- Cost-effective solutions – We prioritise fair, practical resolutions to keep costs manageable
- Specialist expertise – Our lawyers have direct experience in working with the Land Registry
- Client-first approach – Clear, honest legal advice from start to finish, tailored to your case
Contact Our Adverse Possession Solicitors Today
Adverse Possession Frequently Asked Questions
What are the 5 requirements for adverse possession in the UK?
- You had factual possession of the land – you used it as an owner would, such as fencing it off or maintaining it.
- You had an intention to possess the land – you meant to treat it as your own and exclude others.
- Your possession was without the legal owner’s consent – you did not have permission or a lease.
- Your possession was continuous and uninterrupted – typically for at least 12 years (or 10 years if the land is registered).
- Your possession was open and obvious – your use of the land was visible and not hidden from the true owner.
Meeting all five conditions is essential to succeed in an adverse possession claim.
How successful are adverse possession claims?
Success rates for adverse possession claims depend on the strength of the evidence and whether the legal owner objects. If the occupier has clear evidence of exclusive, continuous use of the land for the required period, the claim has a good chance of success.
However, if the owner contests the claim or the evidence is weak, the application may be rejected. Having a solicitor experienced in adverse possession can improve your chances of a successful outcome.
