An individual can claim land by adverse possession by showing that they have treated it as their own for a certain time period.
Claiming unregistered land
The conditions under which you can claim legal title to the land are as follows:
- If the land is unregistered, the individual(s) must show they have treated it as their own for 12 years without the legal owner’s consent. No application needs to be made.
- If the land is registered (under the Land Registration Act 2002), an application must be made and the registered owner will be notified, therefore making it more difficult to succeed (unless the claim is not contested). Many applications also give rise to boundary disputes. In an application, the individual(s) must show they have treated it as their own for 10 years again without the legal owner’s consent.
Let us help with an Adverse Possession Claim
If you are considering making an adverse possession claim or defending a claim for adverse possession being made against your land to which you have not consented then call Kingsley Smith Planning Law Solicitors on 01634 811 118. Alternatively, complete our online enquiry form, or email Chris Eastland.
What services do Kingsley Smith Solicitors offer for Adverse Possession?
We can advise you on the exact criteria you need to meet in order to acquire land by adverse possession or to defend a claim being made against your land.
Our friendly and supportive legal team can guide you through the necessary application to the Land Registry. If the original landowner contests the application, we can advise on how best to present your case and help you navigate through this complex area of law. Alternatively we can assist you in defending a claim and to re-claim land that is rightfully yours.
Please call us on 01634 811 118 or complete our online enquiry form.
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