Adverse Possession

There are various different regimes applicable in the process of claiming land using adverse possession.

The route we would suggest to you will be based on when you or your predecessors first occupied the land.

To claim for adverse possession, it’s necessary to demonstrate that you have factual possession of the land – meaning you have exclusive physical control of the area. If the area was previously open ground, fencing can be used as strong evidence of control.

You will also need to prove that you have had a genuine intention to occupy the land, showing any actions of control you have carried out for your own benefit. Although this can be tricky, acts of maintenance are often useful evidence.

It’s important that you must be occupying the land without the owner’s consent. If the land has been occupied under a lease, or with any sort of permission from the owner, a claim for adverse possession is not valid.

If you meet the criteria that the law requires to claim land using this process, we will outline the options available to you and put together the various legal documents.

If the land you’re looking to claim is registered, The Land Registry will review your application and decide whether it’s valid.

They will then inform the owner of your intention to claim adverse possession, who then has 65 days to respond.

If the land is unregistered, The Land Registry will carry out an inspection and again decide whether your application is valid – informing the land owners of the decision if possible.

If the decision is contested, a tribunal will be arranged to determine ownership of the land.