Legal News | 14.08.24

Adverse Possession

Adverse possession refers to a legal principle where an individual who is not the legal owner of a piece of land can acquire legal ownership of that land without the legal owner’s permission, if occupied for a certain period of time.

To successfully claim adverse possession, the following conditions must be met:

Intention to Possess:

The individual must prove they intended to occupy the land as their own during the period of possession.  This means that the legal owner cannot have agreed to the individual claiming adverse possession as a right to occupy, tenancy, or license.

Factual Possession:

The possession or use of the land must be uninterrupted, and the individual must show they have used and dealt with the land as a legal owner might have been expected to deal with it.

To prove factual possession as above, the individual must show they have been in possession or use of the land (uninterrupted) for the following years:

• If the land is unregistered: 12 years
•  If the land is registered and the period of occupation ends after 13 October 2003: 10 years
• If the land is registered and the period of occupation ends before 13 October 2003: 12 years

Once the above conditions have been established, an application to claim adverse possession can be made to HM Land Registry which will allow the individual claiming to have their name registered on the title.

If you would like further guidance, please contact our Residential Property team at property@wansbroughs.com | 01380 733367.