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Adverse Possession Specialist adverse possession solicitors in Milton Keynes

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.

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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.

Claiming adverse possession of land

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:

  • that you or any predecessors have continuously been in actual possession of the land;
  • that you have been in factual possession of the land e.g., by fencing it off or securing it to exclude others; and
  • that you have the intent to possess the land.

Objecting to adverse possession

It is essential never to ignore a letter from the Land Registry where someone has applied for adverse possession of your land.

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Services at a glance

At Heald Solicitors our real estate team are experienced in dealing with adverse possessions.

  • Representing you in a claim for adverse possession – to include putting together necessary evidence and making an application to HM Land Registry on your behalf;
  • Objecting to a claim for adverse possession – to include putting your case against the claim to HM Land Registry.
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Shabnum Hussain
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For expert advice contact our adverse possession solicitors

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 Shabnum Hussain.

01908 355 401
shabnum.hussain@healdlaw.com

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Adverse Possession Bio Image

Our Legal Expert Shabnum Hussain

Get to know us wih a call back, at a time that suits you. Let us offer some guidance and direction to start your journey with Heald Solicitors today.