Are you considering making an adverse possession or possessory title claim?
Adverse possession claims can be required for a variety of reasons. The most common reasons we have come across are when builders plans on the original title deeds are different to the actual physical boundaries or where residents have extended their gardens over time.
Adverse possession of land can be claimed when a “squatter” has been in possession of land for over 12 years (although this time period can be reduced to 10 years in some cases). There are strict conditions that a squatter must satisfy before they can claim adverse possession. Briefly, they are:
- The squatter must be in factual possession of the land;
- With the intention to possess the land; and
- This must be without the owner’s consent
Adverse possession claims require focus and experience. We can help you. Our experienced 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 377600 or drop us an email on commercialpropertyenquiries@afglaw.co.uk to discuss your application.
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.
Please call us on 01204 377600 or drop us an email on commercialpropertyenquiries@afglaw.co.uk to discuss your application.
