Adverse Possession

Historically known as “squatters rights”, a person adversely possesses land when they exercise a sufficient degree of control over the land, which is inconsistent with the true proprietor’s ownership. A person seeking to claim adverse possession of land must prove they have factually possessed the land and that they have the necessary intention to possess it. Depending upon whether the land is registered or unregistered will determine which regime a claimant must follow and the amount of time they must have possessed the land. It is important for a landowner to swiftly deal with any queries over land usage. For those seeking to claim adverse possession, proving possession and intention can be difficult and there are many pitfalls for the unwary.

We can help by:

  1. Advising as to whether a right has arisen, including timescales, following the correct regime and the proper legal principle to be applied to the particular situation. Remembering always that each case is different and will be decided on its own facts.
  2. Advising as to potential pitfalls and tactics for an unwary opponent.
  3. Negotiating settlement where necessary.
  4. Issuing and defending applications in the Land Tribunal, and injunction applications.

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