We often get questions from potential commercial clients around adverse possession – such as, what is it, how does it work and how do you prove it.
In this article, Commercial Property Solicitor Richard Ramshaw answers these questions and more…
What is adverse possession?
Adverse possession is claiming ownership of property which you do not own, but that you have been using as your own continually for a specific period of time.
For example, a family using land to the side of their house as a garden, which when they come to sell, isn’t actually registered in their name.
What proof do you need for adverse possession?
When making adverse possession applications, it’s best to provide as much information as possible to evidence ownership.
Bespoke evidence will need to be provided on a case by case basis. However, examples of evidence include:
- Making statements of truth to explain how you have used the land
- Photographs of how the land has been used
- Historic plans
- Invoices for work done to the land
How many years do you need for adverse possession?
If the land is registered, you need to show that you have been using the land for 10 years.
If the land is unregistered, you need to show 12 years.
How do I claim adverse possession?
Applications need to be made to the Land Registry, which need to show:
- Factual possession – the best example of this is enclosing the land, for example, with fencing to show you have excluded other people
- Intention to possess – for example, using the land as your own, incurring costs to maintain it
- You are using the land without the owner’s consent
I would strongly suggest seeking the advice from a solicitor before making an adverse possession application so that you ensure all requirements have been met and because there are restrictions on re-applying if your application is unsuccessful.
How successful are adverse possession claims?
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