Adverse possession can be a complex matter. But if you’re dealing with a land dispute or you believe you may be eligible to claim ownership of a piece of land, it’s important to approach the process with the right knowledge and preparation.
This article offers an introduction to making an adverse possession claim, helping you understand what it entails, who can make one, and the step-by-step process you’ll need to follow
Adverse possession is a legal principle that allows someone to claim ownership of land or property that they do not legally own, but have occupied continuously and without the owner’s permission for a certain period.
The rationale behind adverse possession is that land should not sit idle or unused, particularly if someone else is actively using and taking care of it. However, it can only be claimed under specific conditions and once certain requirements are met (including continuous occupation and an intention to possess the land as your own).
Examples of adverse possession could include:
If one of these scenarios sounds familiar, you may be wondering whether you or someone else could make a legitimate claim.
Adverse possession claims are not limited to homeowners or landowners. Various parties may have grounds to make a claim, depending on the context.
If you’ve been using a portion of land belonging to a neighbouring property for a long time, you may be eligible to claim it.
A tenant can claim adverse possession if certain conditions are met.
However, proving the intent to occupy and exclusive control can be difficult if the lease agreement has ended but the landlord never asked the tenant to vacate.
Similarly, a family member can claim adverse possession if they have occupied a property without the owner’s consent. It’s worth noting, though, that familial arrangements can complicate the intent to possess.
If you suspect you have grounds for adverse possession, it’s a good idea to consult an expert, such as a property law barrister, to ensure you meet the necessary requirements before proceeding.
Once you’ve established that adverse possession may apply in your case, you’ll need to follow a structured process to make a legal claim. Here’s a step-by-step breakdown of the process involved.
Before taking any formal steps, familiarise yourself with the legal requirements for adverse possession claims. These requirements can vary depending on factors such as whether the property is registered or unregistered.
Ensure you have clear documentation proving your continuous occupation of the land and your intention to possess it. Evidence such as photos, receipts for maintenance work, or witness statements can all strengthen your claim.
Identify whether the land in question is registered or unregistered. This will affect the process you must follow when making your claim.
Registered Land
If the land is registered with the Land Registry, you will need to formally apply to have your ownership recorded. This typically involves submitting an application for possessory title.
Unregistered Land
If the land is unregistered, the process involves proving ownership through your long-term use and occupation of the land.
To confirm the land’s status and current ownership, you can perform a search with HM Land Registry.
To initiate your claim, submit an application to HM Land Registry using the correct form (such as Form ADV1 for registered land). Provide detailed evidence demonstrating your occupation and intent to possess the property.
The evidence you submit should be comprehensive, including any documents that support your claim, such as deeds, photographs, and records of usage.
After submitting your application, the Land Registry will notify the legal owner of your claim. The owner will then have an opportunity to contest it.
If the Owner Objects
If the owner disputes the claim, the case may proceed to a tribunal for resolution. At this stage, you may need professional legal representation to argue your case effectively or advise on your best steps.
Through the direct access scheme, members of the public can instruct a barrister for representation without the need for a solicitor intermediary. Often, this can mean significantly reduced legal fees.
If the Owner Does Not Object
If the owner does not respond within the specific notification period (often two months), your claim will likely be approved, granting you possessory title.
Once your claim is approved, the Land Registry will update their records, and you will become the legal owner of the land or property. For registered land, this typically involves issuing you with a possessory title, which may later be upgraded to absolute title if uncontested for a further period.
The length of uninterrupted occupation required to claim adverse possession will depend on your jurisdiction. For example, in England and Wales, this is typically 10 years for registered land and 12 years for unregistered land.
Just because you’ve made a claim, doesn’t mean it will be accepted. If the legal owner responds to your application and objects, you’ll need to provide compelling evidence to support your claim.
Adverse possession requires demonstrable proof that you occupied the land “as an owner would”. Merely using the land isn’t enough; you must show intention and actions consistent with ownership.
If you’re in need advice or representation in your adverse possession claim, Barrister Connect hosts a team of dedicated property and estate barristers who can help in all manner of property claim. Simply get in touch with the team to find out how we can help.