Adverse Possession Specialist Adverse Possession Solicitors in Milton Keynes

What is Adverse Possession?

Adverse Possession allows individuals to acquire legal ownership of land through continuous possession without the original owner's consent. If someone occupies land for a specified minimum period—either 10 or 12 years, depending on whether or not the land is registered with HM Land Registry—they may have grounds for an Adverse Possession claim. A successful claim may grant them legal title to the land. While this title might initially be “possessory”, there may be an opportunity in the future to upgrade it to “absolute” title.

At Heald Solicitors in Milton Keynes, our team specialises in Adverse Possession cases. Whether you are seeking to claim Adverse Possession or protect your ownership rights against an unauthorised occupier, we offer expert advice tailored to your needs. The complexities of Adverse Possession law—including its interaction with the Land Registration Act 2002—require an experienced and knowledgeable legal team to guide you through the process.

Key Criteria for Adverse Possession

To succeed in an Adverse Possession claim, certain conditions must be met. These include:

• Continuous Possession:
  You must demonstrate that you or any predecessors have exclusively and continuously occupied the land without interruption and without seeking consent for the required time period.
• Factual Possession:
  Evidence of physical control over the land, such as fencing it off, maintaining it, or preventing access by others, is critical.
• Intent to Possess:
  You must prove your intention to possess by excluding access by all others, including the rightful owner, from the land.

Registered vs. Unregistered Land

The rules for claiming Adverse Possession vary depending on whether the land is registered or unregistered. For registered land, the claimant must have occupied the land for a minimum of 10 years. However, the Land Registration Act 2002 introduced stricter rules, making it more challenging to acquire registered land through Adverse Possession. After the 10-year period, the occupier can apply to HM Land Registry, which will notify the legal owner. The owner then has an opportunity to object and regain possession of the land.

For unregistered land, the minimum required period is 12 years. Once this period has passed, the occupier can apply to be registered as the landowner. The absence of a registered title often makes it easier to establish Adverse Possession of unregistered land compared to registered land. Whether the land is unregistered or registered, the key criteria above must be satisfied in addition to the minimum timeframes.

Trespasser Rights and Exclusive Possession of Land

Although Adverse Possession is sometimes associated with “trespasser rights”, it is not simply a matter of trespassing on someone else’s land. To claim ownership, the occupier must demonstrate exclusive possession of the land, which includes preventing access by others on a permanent basis, and treating the land as their own. This goes beyond mere trespassing and involves clear actions showing control and intention to possess.

Objecting to adverse possession

If someone seeks to apply for Adverse Possession of your land, it is crucial to act promptly. The Land Registry will send a notification to the legal owner when an application is made. Ignoring such a notification can result in losing ownership rights.

Our team at Heald Solicitors can assist you in objecting to Adverse Possession claims. We will assess the circumstances, review the evidence, and help you assert your rights effectively. In many cases, timely action and a strong legal response can prevent an Adverse Possession claim from succeeding.

Real Estate Disputes and Boundary Disputes

Adverse Possession often arises in the context of real estate disputes, particularly boundary disputes. These disputes can occur when neighbouring property owners disagree over the location of a boundary or when one party occupies land they believe to be theirs. Resolving such disputes requires a detailed understanding of property law and the Land Registration Act 2002.

Our real estate team has extensive experience handling boundary disputes and Adverse Possession cases. We will work with you to resolve the issue efficiently and protect your interests. Whether you are pursuing a claim or defending against one, we provide practical advice and robust representation.

Why Choose Heald Solicitors for Adverse Possession?

At Heald Solicitors, we understand the nuances of Adverse Possession rules and the legal strategies necessary to achieve the best outcome. Our team offers personalised advice to ensure you understand your rights and options. Whether you are dealing with Adverse Possession claims, boundary disputes, or other real estate matters, we are here to support you every step of the way.

Contact us today on 01908 662277 to discuss your Adverse Possession case. With our expertise, you can navigate this complex area of law with confidence and protect your property rights.