Adverse Possession Solicitors: Understanding your Rights

Are you considering making an adverse possession or possessory title claim?

Adverse possession claims are often needed when someone has unknowingly occupied land they didn’t legally own. This commonly happens when:

• The physical boundaries of a property don’t match the original builder’s plans or title deeds.
• Homeowners gradually extend their gardens, fences, or outbuildings onto neighbouring land without realising it isn’t part of their legal title.

If you have been using and caring for land under the belief that it was yours, you may be able to apply to the Land Registry for legal ownership through adverse possession. AFG Law have a team of skilled and experienced adverse possession solicitors who can provide the legal advice and assistance required to make a successful claim.

What is Adverse Possession?

Adverse possession is a legal principle that enables a party to claim ownership of land or property they have occupied without the legal owner’s permission. Certain conditions need to be met to make a claim for adverse possession.

• Adverse possession of land can be claimed when a “squatter” has been in possession of land for a specific period of time. The required period required for adverse possession depends on whether the land is registered:
• Registered land: 10 years of continuous adverse possession under the Land Registration Act 2002
• Unregistered land: 12 years under the Limitation Act 1980

There are strict conditions that a squatter/occupier must satisfy before they can claim adverse possession. Briefly, they are:

• The squatter/occupier must be in factual possession of the land;
• With the intention to possess the land; and
• This must be without the landowner’s consent

Adverse possession claims require focus and experience. We can help you. Our experienced team of adverse possession solicitors have been successful in submitting claims and successfully obtained possessory title from the Land Registry for over 20 years. Please call us on 01204 920104 or drop us an email on commercialpropertyenquiries@afglaw.co.uk to discuss your application.

Making an application for adverse possession

An application for adverse possession starts with the submission of a Statutory Declaration or Statement of Truth to the Land Registry. The contents of this document are key as this is the document which forms the basis of the application. It must contain the necessary information and evidence to confirm the conditions for adverse possession are met. If it does not, the Land Registry will most likely reject the application or raise questions on it. At AFG LAW we are very experienced in drafting these documents to meet Land Registry requirements.

Once the application has been submitted to the Land Registry, provided it meets Land Registry requirements, the Land Registry will arrange for the land to be inspected by a Land Registry surveyor. There are two reasons for this inspection. The first is for the survey to confirm the contents of the application are correct. The surveyor will also use the site visit to prepare a draft title plan for the new title. Following the surveyors visit, if the application contains incorrect information, the Land Registry can raise further questions or reject the application for failing to meet the relevant conditions.

If, following the survey, the Land Registry are satisfied the adverse possession conditions are met, the Land Registry will serve notice on all parties that they deem have an “interest” in the application. The Land Registry will decide who this is. The notices will allow each interested party a specific time period in order to respond to the notice. This time period is usually 65 days. At this stage a party can:

Object to the application. This objection can only be made on the basis the applicant does not meet the relevant conditions for adverse possession.

or

Consent to the application.

If there are no objections within this time period, then after the period expires, the Land Registry will complete the application.

 Contact Our Adverse Possession Solicitors Today

If you’re dealing with an adverse possession issue or have concerns about the boundaries or legal ownership of commercial land, our team at AFG Law is ready to help. Our adverse possession solicitors offer clear legal advice backed by a deep understanding of land law and property rights.

With offices in Bolton, Bury and Stockport and the ability to advise clients nationwide through remote consultations, we make expert legal support accessible wherever you’re based.

Adverse possession claims require focus and experience. Our team have been successful in submitting claims and obtaining possessory titles from the Land Registry for over 20 years. To speak to a solicitor about your concerns about adverse possession or any wider commercial property matters, get in touch with AFG Law today. Call us  or send us an email at commercialpropertyenquiries@afglaw.co.uk to discuss your application.