Residential Property: Can you claim land as your own that you have been using where you do not have the legal title/deeds?

What is Adverse Possession, and what is the legal process?

Adverse possession, sometimes referred to as squatting, is where you occupy land that is not legally owned by you or you are using it without consent. If a person or company adversely possesses a piece of land or property for a certain time period, while meeting the essential requirements, they may be able to apply to the Land Registry for legal ownership.

What is the time period needed in occupation before an individual can claim registration by way of Adverse Possession?

The required time period in occupation needed prior to making an application claiming registration by adverse possession will depend on whether the land is already registered at the Land Registry or unregistered and if, in the case the land is registered, when that registration took place.

The required time period in occupation prior to claiming registration of unregistered land is 12 years. For claims of registered land, the Land Registration Act 2002 means we must first consider when the applicant’s occupation first commenced.

If the applicant’s occupation commenced prior to 13th October 1991, they will need to show they have been in adverse possession of the land for 12 years. If the applicant’s occupation commenced after 13th October 1991, the time period required is 10 years.

The Land Registration Act 2002 prescribes a slightly shorter time period because the hurdles an applicant must overcome in applications of this type are more strenuous in order to grant the landowner greater protection.

It is important to remember that occupation for the required time limit does not automatically mean an adverse possession application will be successful. There are other essential requirements that must be satisfied before the Land Registry will move forward with your application.

What are the essential requirements of Adverse Possession?

There are three essential requirements which must be present for the required period. An applicant must show:

1. They have had factual possession of the land.
2. The necessary intention to possess the land.
3. At all times, the occupation has been without the owner’s consent.

These requirements, especially factual possession and the necessary intention to possess, are complex and every application submitted to the Land Registry is considered on its own merits and is assessed in consideration of the legal framework and case law.

If possessory title is granted to you, you will likely receive “possessory title” to the land which can still be challenged for a further period following successful registration.

Need some help with your adverse possession matter? 

We provide a free property adviceline on 01761 414 646 so that you can get the general information you need for adverse possession, without having to pay a penny.

If you wish to make an application for possession, our experienced conveyancing team have the knowledge and experience to guide the way, with transparent fixed fee pricing.

Contact us to find out more about adverse possession and how we can help.