Not all law firms are prepared to, or have the experience to, deal with Adverse Possession applications. These cases can be complicated and require evidence of possession, involve legal procedures and considerations of fairness. AFG Law are here to assist you in your application. Our solicitors are widely experienced in this area. Call our expert team today on 0161 359 3880 for advice on an Adverse Possession application.
What is Adverse Possession?
Adverse Possession is a legal process whereby an occupier of land (rather than the true owner) is able to make an application to the Land Registry requesting that they become the legal owner of the land despite them not being the true owner and/or not holding any title deeds. The benefits to a successful application are becoming formally registered on the land’s title and, as such, removing the risk of someone else claiming you have no right to be on the land. Secondly, once registered on the land, you would have the right to sell the land.
There are various situations where this position can arise. Some examples include abandoned land or in circumstances where land is sold and the deed plan is incorrect. The situations can also vary greatly in extremities.
What are the requirements for an Adverse Possession application?
1. The application must have factual possession. This effectively means the applicant’s possession of the land must be uninterrupted and they must be able to show they have sufficient exclusive physical control over the Property. This will of course depend on the circumstances of the application, which AFG Law can advise on.
- For Registered Land the period of occupation must be at least 10 years.
- For unregistered Land the period of occupation must be at least 12 years.
2. The application must show intention to possess. This effectively means the applicant must be able to prove that they intended to occupy the Land as their own like a true owner would.
It is important to note that possession cannot be adverse if the land’s true owner has consented to the occupation.
HM Land Registry Process:
It is extremely important when applying for Adverse Possession that the application is submitted in the correct format and the information contained within the application is correct. This involves submitting a Statement of Truth which includes details of the applicant’s use of the land and how they have maintained the land as their own. The contents of the Statement of Truth are key. If sufficient detail is not provided, then the Land Registry are likely to reject the application. Here at AFG Law our solicitors have a wealth of experience in drafting Statements for successful applications.
It is important to note that the Land Registry follow a strict process when dealing with Adverse Possession claims. If the Land Registry are satisfied with the information contained within the applicant’s statement and if the true owner of the Land is known the Land Registry will serve them with notice that the applicant is attempting to claim the Land.
If an application is rejected by the Land Registry, the applicant will need to wait a further 2 years before re- applying for Adverse Possession. During these two years, the applicant will need to continue with the use of the Land in an uninterrupted manner.
Who bears the burden of proof for Adverse Possession?
The burden of proof lies solely with the person seeking to claim ownership of the land. It is up to them to provide evidence of how they meet the requirements to establish Adverse Possession and demonstrate their occupation of the land.
What does a solicitor do in an Adverse Possession application?
Here at AFG, our expert Adverse Possession solicitors can discuss your options with you in order to determine whether you have a right to claim the land in question, ahead of the application stage. We can also make the application on your behalf to the Land Registry. We will guide you through all stages of the application process and what to expect at each stage.
As the burden of proof in Adverse Possession applications lies with the applicant, the amount of evidence can be significant. Having a specialist solicitor with experience of the Land Registry process who has an understanding of how these applications work and can guide you through the application process, will maximise your chances of a successful application.
What are the Land Registry costs associated with an Adverse Possession application?
An initial application fee is payable to HM Land Registry with any claim for Adverse Possession. This can range from £70 to £130, depending on whether the land in contest is registered or unregistered.
Get in touch
To talk to a solicitor at AFG LAW to discuss an Adverse Possession application please call our Bury office on 0161 359 3880 or email commercialpropertyenquiries@afglaw.co.uk. Our expert team of commercial property solicitors will be able to assist you with any advice required on the matter or to discuss your application for Adverse Possession.
About us
The AFG Commercial Property team have a wealth of expertise in dealing with every aspect of commercial property and related transactions. Our clients range from small companies to large corporates, landlords and agents in addition to investors, rural estates and landowners. We work alongside other professionals including planners, architects, financiers and surveyors in addition to our own dispute resolution team when matters may become complex and need further intervention.
Many of our services are provided UK-wide, with our physical offices located in Bolton, Bury and Stockport.