Adverse Possession

In order to claim adverse possession of land, you must be able to prove that:

• you have been in possession of the land for the required period
• you have the necessary intention to possess the land, and
• your possession is adverse, i.e. without the title owner’s consent, without force, and without secrecy.

Although the requirements set out above apply to all adverse possession claims, different rules and time limits apply depending on whether the land is registered or unregistered. For registered land, an application to acquire title can be made after 10 years of adverse possession, whereas for unregistered land the required period is 12 years.

An application for adverse possession of registered land will trigger a notice from the Land Registry to the registered owner of the land. The owner can object if they feel you do not meet the criteria and serve a counter-notice.

If a counter-notice is served, the application will fail unless one of the following exceptions apply:

• It can be reasonably argued that it was unfair for the ‘true owner’ to object to the application
• You are entitled to be registered as the owner for some other reason
• The land in question is adjacent to yours and you have mistakenly been under the impression that you own it

Adverse Possession is complex  and it is worth seeking legal advice either before making an application for adverse possession, or if you are the registered owner and wish to object to a Notice received.