What is Adverse Possession and when would this apply to me?
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.
What do I need to do 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 for 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.
Why choose TV Edwards to act for you in your adverse possession matter?
TV Edwards’ Property Team has a wealth of experience and a breadth of knowledge when it comes to handling adverse possession matters.
Our Property Team offer a personal, friendly and professional service to all of our clients and will be able to assist you with your matter. If you have an enquiry and would like to speak with one of our specialist lawyers, please call us today on 0203 440 8000.