What Are the Requirements for Adverse Possession?

Adverse possession is a unique legal principle that allows an individual to claim ownership of land or property they do not legally own under specific circumstances. 

If you’re considering claiming adverse possession, there are several key requirements to be aware of before you begin your application.  

What are the requirements for adverse possession? 

For an adverse possession claim to be successful, the claimant must meet the following criteria:

1. Possession Must Be Uninterrupted and Continuous 

The claimant must have occupied the land or property without interruption for a specific period. 

 In England and Wales, this typically means a period of at least 10 years if the land is registered or 12 years if it is unregistered. 

2. Possession Must Be Open and Notorious 

The occupation must be obvious to others, particularly to the legal owner. This means you cannot secretly take possession; it must be clear that the land is being used as though you are its rightful owner.

3. Possession Must Be Exclusive 

The land must be used solely by the claimant, excluding the actual owner and any other individuals. You must exercise control over the property in a way that highlights its exclusive use. 

Joint or shared possession with others may undermine a claim, as it can suggest that the property is not being occupied in a singular, adverse manner. 

4. Possession Must Be Adverse 

Your occupation of the property must conflict with the owner’s rights. This means you are using the land without the owner’s permission and without recognising their ownership. 

What proof do you need for an adverse possession claim? 

To substantiate your claim, you must provide enough evidence to demonstrate that you meet all the legal requirements for adverse possession. Examples of evidence include: 

• Utility bills or receipts showing payment for services like water, electricity, or maintenance of the land. 

• Photographic evidence documenting your occupation or improvements made to the land. 

• Testimonies from neighbours or other individuals who can confirm your continuous and exclusive use of the land. 

• Fencing or boundary features acting as proof of physically enclosing the area or demarcating it as your own. 

Documenting your use of the land over the required period is essential, so it’s important to gather any relevant evidence ahead of making your claim. 

How long does an adverse possession application take? 

The application process for adverse possession can vary. Once you file a claim with HM Land Registry, it typically takes around 2–3 months to receive an initial decision.  

However, if the application involves disputes or objections from the legal owner, the process may take much longer and could escalate to a tribunal. If your claim reaches this point, it’s always advisable to engage a trusted legal professional, such as a property law barrister, to help carefully address any challenges. 

Through the direct access scheme, members of the public can instruct a barrister without the need for a solicitor intermediary — meaning quicker communication and reduced fees for legal advice and court representation.  

Key Considerations Before Claiming Adverse Possession 

Before moving forward with your claim, keep the following important points in mind: 

• Consent Issues
  Adverse possession cannot proceed if you have the legal owner’s permission to use the property. 

• Challenges by the Owner 
  The legal owner has the right to dispute your claim, and if successful, your possession could be disrupted. 

• Potential Costs 
  If the claim is disputed, you may incur legal or tribunal costs, so it can be wise to seek legal advice early. 

By fully understanding the requirements and preparing your evidence carefully, you can improve your chances of a successful application. 

Need advice or representation in your adverse possession claim? Barrister Connect hosts a number of specialist property and estate barristers who can help in all manner of property issues. Simply get in touch with the team to find out how we can help.