Adverse possession is a legal concept in which an individual can claim ownership of land or property that they have occupied without the owner’s permission for a specified period (usually 10 – 12 years depending on whether the land is registered or unregistered).
Process of claiming adverse possession
Whether the land is registered or unregistered, it is the Land Registry that will determine the validity of the claim.
Registered land – The applicant must make the application on form ADV1 accompanied with a plan and a statement of truth or statutory declaration to evidence how the requirements for adverse possession have been met. The Land Registry may then arrange for a surveyor from Ordnance Survey to inspect the land at the expense of the applicant before the application will be considered further. If the Land Registry believe there is some merit to the claim, they will then serve notice of the application to the registered proprietor, allowing them time to either consent to the application, object the application or give a counter notice. If no counter notice, or objection is received, Land Registry will proceed to register the applicant as proprietor.
Unregistered land – the application will trigger first registration of the property or land and must be made using form FR1, along with a plan and statement of truth. The statement of truth must evidence factual possession of the land for a continuous period of 12 years prior to the date of the application. The Land Registry may arrange for a surveyor from Ordnance Survey to inspect the land at the expense of the applicant before the application will be considered further. The Land Registry will then give notice of the application for first registration to any person who, from the information available or from their local knowledge, may have an interest in the land. If no objection is received, the property or land will be registered.
Potential timescales depend on whether the true owner of the property/land objects to or serves counter notice in response to the claim for adverse possession, as well as the Land Registry’s general backlog and processing times in dealing with matters. Should the claim become contested or disputed, completion of the claim will be delayed considerably.
Adverse possession claims can be complex, the legal procedures involved and proving evidence of possession is a big task for the unfamiliar. It is not as simple as stating you have used the land for the requisite number of years. Other factors need to be taken into account such as whether the land is fenced in, whether use has been exclusive, rights of way, whether the surrounding land is leasehold etc, This is not an exhaustive list. It is therefore recommended to seek legal advice.
