RESIDENTIAL Services

Acquiring Land by Adverse Possession

Adverse possession is the process by which a person who is not the legal owner of land can become the legal owner by possessing the land, in the requisite manner, for the requisite period.

Two schemes govern the process for claiming acquisition of land by adverse possession.

•  One scheme applies to registered land
•  A different scheme applies to unregistered land

To claim title by adverse possession the squatter needs to prove the following two elements:

• Uninterrupted factual possession of the land by the squatter for the requisite period; and
• Intention on the part of the squatter to possess the land (to the exclusion of all others – including the paper owner) during that period of possession.

A successful outcome depends on the strength of the evidence you can demonstrate.

We can explain the information you will need to gather and help you with preparing a claim to present to the Land Registry. This usually involves drafting a Statement of Truth or a formal document known as a Statutory Declaration.

Please call us on 01263 800089 or 07940 585939 or email enquiries@ccclaw.co.uk if you would like us to assist you.



DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.