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Adverse Possession Claim
Our property dispute solicitors can help you navigate your adverse possession claim.
What is Adverse Possession?
Adverse possession is where an individual occupies land they don’t legally own and, over time, can acquire the legal ownership if certain strict conditions are met. This involves occupying the land without the owner’s consent and using it as if It were their own (typically for 10 to 12 years). We can help with your adverse possession claim.
This area of law can affect both homeowners and businesses. It can arise in various situations. For landowners, failing to act promptly can result in the loss of legal ownership. For occupiers, understanding the legal requirements is key before considering any claim.
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How do I claim Adverse Possession?
To make an adverse possession claim, individuals must show:
- The possession of the land must be without the owners consent
- There must be factual possession of the whole of the land they are adversely claiming
- There must be an intention from the individual to possess the land in their name on their own behalf and to the exclusion of all others, including the title owner
- The possession must be contentious/uninterrupted for a specified period of time (usually 10 years for registered land and 12 years for unregistered land).
Common Adverse Possession Claims
Adverse possession is a very complex area of property dispute resolution. It is crucial to have the right team on your side. Here are some common adverse possession claims:
Boundary Disputes
A wall, fence or structure may be built by a neighbour which occupies the land for a prolonged period.
Learn MoreAbandoned Land
Vacant land or a derelict property may be occupied by a squatter for years, which then results them in claiming ownership.
Get In TouchHome or Garden Extensions
If an extension by a homeowner occupied land which isn’t theirs for more than 10-12 years, the homeowner may be able to claim ownership if the original owner has not objected. This includes driveways, gardens and pathways.
Get In TouchAgricultural Use
A farmer uses another’s land for their animals or growing crops without authorisation long-term.
Get In TouchSquatter and Occupier Disputes
If a squatter occupies land or property for a certain period, they may claim ownership through adverse possession.
Get In Touch
Why Use Thomas Harvey?
Our team of property dispute solicitors specialises in a wide range of property disputes, including adverse possession claims, boundary disputes, landlord and tenant disputes, construction disputes, breaches of contract, and more. Whether you’re an individual homeowner or a corporate client with a large property portfolio, we have the expertise to handle your case.
With extensive experience in handling adverse possession claims, we have the knowledge and understanding of the legal elements surrounding land ownership and possession. We strive to achieve the best possible outcome for our clients.
Our Approach To Adverse Possession Claims
STEP 1
Case Evaluation
We begin with a detailed evaluation of your adverse possession claim to understand the history, facts and legal position. This involves gathering all relevant information and supporting documentation to establish the strength of your case and determine the best course of action.
STEP 2
Diligent Preparation
Following our evaluation, we undertake careful preparation to build a strong and persuasive claim. This includes gathering detailed documentation, consulting with surveyors and other experts if necessary, and developing a tailored strategy to maximise your chances of success.
STEP 3
Robust Representation
With thorough preparation complete, we provide determined representation to advocate for your interests. Our property dispute solicitors are experienced in navigating the complexities of adverse possession cases and will work tirelessly on your behalf, whether through negotiation, mediation, or litigation, to achieve the best possible outcome for your case.
Frequently Asked Questions
For unregistered land it can take 12 years of continuous possession. For registered land it can take 10 years of continuous possession. After this, an application can be made to the registry to take ownership of the land.
If the landowner can show they gave permission to the individual to use the land or they maintained control of the land over the time claimed to have been used, the landowner can then object the claim.
Whilst adverse possession and squatters’ rights both involve occupying property without permission; they have different meanings.
Adverse possession is a legal process which can then lead onto ownership of land if it is occupied for a certain amount of time exclusively, without consent. However, squatters’ rights are limited protections for people who occupy a property without permission, these protections are usually about how they can be evicted rather than gaining ownership.
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Our Accreditations
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I approached Thomas Harvey with some intrepedation knowing that you were a large practice.
Your customer care quickly eradicated my concern…In sum you listened and applied your considerable legal skills in a committed manner to help your client and one cannot ask for more. As for your charges you provided detailed records to a standard something I have never experienced before. That said, perhaps the word which best applies is exceptional. I would also add that the support provided by Lucy was equally exceptional.
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