Adverse possession is a legal principle which can entitle a person to claim someone else’s land as their own on the basis that they have been in possession of that land for over 12 years (although this can be reduced to 10 years in particular circumstances).
In order to make an application for adverse possession, certain conditions must be met, including that the occupation of the land must be without the owner’s consent and the occupation must be continuous and open (i.e. secret or covert occupation will not count). If the conditions are met, the occupier can apply to H.M. Land Registry to become the legal owner of the land.
It is more difficult than hitherto to claim adverse possession of land, especially where that land is already registered with the Land Registry. However, if 12 years of adverse possession can be shown before 13 October 2003 (when new legislation took effect), the process can be much quicker.
Our solicitors have experience in successfully submitting claims for adverse possession and can advise you on the process and steps to be taken to protect your interests, whether you are looking to apply for adverse possession or to oppose an application.