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Can You Claim Adverse Possession of Land?
Thursday 28th November 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
Yes, you can claim adverse possession of land if you meet specific legal criteria, which generally include the following:
Key Requirements for Adverse Possession:
1. Exclusive Possession:
You must be in exclusive control of the land, treating it as your own, and not sharing possession with others, including the legal owner.
2. Actual Occupation:
You must physically use the land (e.g., fencing it off, building on it, or cultivating it) in a way that demonstrates ownership.
3. Continuous Use:
Your occupation must be continuous and uninterrupted for the required statutory period. In England and Wales, this period is typically 10 years for registered land and 12 years for unregistered land.
4. Without Consent:
You must occupy the land without the owner’s permission (e.g., through a lease or license). If the owner consents, adverse possession cannot be claimed.
5. Open and Notorious:
Your possession must be obvious to anyone, including the legal owner, so they are aware of the potential claim.
6. Hostile Intent:
“Hostile” in this context means that your occupation is inconsistent with the rights of the legal owner. You don’t need to show aggression, just an intent to possess the land as your own.
Application Process (England and Wales):
If you meet these criteria, you can apply for adverse possession:
1. Registered Land:
Submit an application to the Land Registry after 10 years of occupation.
The registered owner will be notified and has the right to object. If they do, they usually have two years to take steps to evict you.
2. Unregistered Land:
After 12 years of occupation, the owner’s title is extinguished, and you can claim ownership.
Opposition by the Owner:
If the legal owner opposes your possession within the statutory period or after being notified of your application, your claim may fail unless exceptional circumstances apply.
Adverse possession laws can vary depending on your jurisdiction, so it is advisable to consult a legal expert for tailored advice. Let me know if you’d like more details on the process!
