Acquisition and Disposal of Commercial Property
Legal representation for purchases and sales of real estate.
Adverse possession is colloquially known as “squatters’ rights” and is based on the historical premise that the owners of land must actually make productive use of it.
If someone has occupied a piece of land for a continuous period (a minimum of 10 or 12 years depending on whether or not the land is registered at HM Land Registry), they may be able to claim ownership of the land, even if this land was owned by someone else.
A successful adverse possession claim will result in awarding a person legal title in respect of the land. This might not be an absolute title, but in the future, there may be the opportunity to apply for the title to be upgraded.
At Heald Solicitors in Milton Keynes, we can advise you in respect of adverse possession, whether you wish to take possession of property or are looking to protect your rights of ownership against someone else. The law in this area can be complicated but our real estate team has an in-depth understanding of the way in which adverse possession can be proved and we can give you the advice you need to enforce your legal rights.
We can advise you in respect of adverse possession, whether you wish to take possession of property or are looking to protect your rights of ownership against someone else.
To prove adverse possession, you cannot have been granted permission to use the land. You must also be able to show that you have had single and exclusive possession of the land, without access by others, or that you had the intention to possess the land.
The rules are different depending on whether the land is unregistered or registered.
If the land in question is registered at HM Land Registry, the person applying to own the land will need to have been in possession of it for a minimum of ten years. The ability to claim adverse possession of registered land is much harder than where the land is unregistered although here the minimum time before a claim can be made is twelve years.
In both cases, you must also be able to prove that the following conditions have been met:
It is essential never to ignore a letter from the Land Registry where someone has applied for adverse possession of your land.
At Heald Solicitors our real estate team are experienced in dealing with adverse possessions.
At Heald Solicitors our real estate team are experienced in dealing with adverse possessions. While our office is in Milton Keynes, we regularly work with clients throughout England and Wales, often remotely, meaning that you can expect the same expert legal advice and excellent client care wherever you are located.
If you wish to talk to a real estate solicitor, please get in touch with our legal expert Caroline Wilton .01908 662 277
We think you might be interested in the following content...
Thought leadership, ideas, articles, topical insights and developments in law, the practical implications and how they may affect you and your business...
Complete the form below and we'll call you back to discuss adverse possession and understand your situation and requirements.