Adverse Possession

What is adverse possession?

Adverse possession is the process by which a person who is not the legal owner can acquire land in their possession in certain circumstances. This is commonly referred to as “Squatters Rights”. There are different rules depending upon whether the land is registered or unregistered.  The occupier must usually have been in possession of registered land for 10 years or 12 years in relation to unregistered land.

If you have been in exclusive possession of land and used that land as your own for the requisite period of time and you have occupied the same without consent or legal entitlement, you may have the grounds to make an application to the Land Registry to register the land in your name in place of the legal owner.

You can use the benefit or a previous occupier’s period of occupation if you immediately follow their period of occupation. When purchasing land where the boundary is unclear or where there is land which is occupied outside of the registered title plan it is good practice to obtain a Statutory Declaration where possible from the previous owner detailing their use of the land.

The burden of proof for a successful claim in adverse possession is with the individual seeking to claim ownership of the land.

Preventing adverse possession

The concept of adverse possession can be worrying for landowners. To prevent the risk of a successful claim against your land you can take proactive steps to ensure that your land is protected. You should ensure that you secure and monitor the boundaries to your land and take prompt action if they are moved or there is encroachment by a neighbour. Express rights should be granted in writing to anyone in occupation of your land with your agreement and any agreement should be kept under review. If you become aware of a trespasser action should be taken to remove that person without delay. We can provide you with practical advice as to how to proceed in this situation.

For more information regarding adverse possession please contact our Dispute & Litigation team on 01270 624225 or email enquiries@hibberts.com