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- Michael Grace
Partner - Head of Real Estate
While the expression ‘possession is nine-tenths of the law’ is not literally true, there are instances where it is easier to claim ownership of land when you are physically in possession of it. In England and Wales, legal ownership of a piece of land can pass to an individual, simply by virtue of them occupying the property for 10 years or more. This is known as adverse possession or more colloquially, ‘squatter’s rights.’
An individual may acquire the legal title to someone else’s property after they have used or occupied it for a certain period. For example, there may be a claim where:
In adverse possession cases, the owner may be unaware that ownership of their land is under threat because someone has been using it. The first they may hear of the matter is when the person in possession tries to register themselves as the rightful owner.
The Land Registry has a procedure where, after 10 years of adverse possession of the registered property, a person can apply to be registered as the legal owner instead of the existing one. The applicant must prove that they exclusively possessed the land, intentionally, and without the owner’s consent for the full 10 years.
On receipt of an application, the Land Registry will notify the paper owner and give them 65 business days to make an objection. The matter is then referred to the Land Registry’s dispute resolution regime. There’s generally a lot of back-and-forth where the squatter tries to prove his claim and the owner tries to show the claim is groundless.
There’s a different regime for unregistered land where the period of possession is at least 12 years. If the parties cannot come to an agreement about ownership, the dispute will be litigated before the Property Tribunal.
Collyer Bristow’s adverse possession lawyers have years of experience assisting clients with possession of land claims. We can help you:
In many cases, it is not necessary to go to court. Our real estate dispute solicitors are experts in negotiation, so wherever possible we can help you settle the matter amicably, without resorting to court proceedings. Compensation may be a better remedy for certain claims, such as where the adverse possession arises due to a boundary dispute.
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Partner - Head of Real Estate
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