Adverse possession occurs when a person has occupied another’s land in excess of 10 years if the land is registered, or 12 years if the land is unregistered. If a person can show that their possession of the land meets the formalities required for adverse possession, then they can make an application to the Land Registry to register the land in their title. The formalities of adverse possession are:-
Factual possession;
Intention to possess;
Possession without the owners’ consent
Factual possession
In order for a person to have factual possession of a piece of land they must be able to show that they, and they only, have exclusive possession of that piece of land.
Intention to possess
A person wishing to acquire adverse possession of a piece of land must have an intention to possess the land. An intention to possess is often construed from a person’s actions during the course of their possession of the land.
Possession without the owners’ consent
A person wishing to acquire adverse possession of a piece of land must possess the land without the owners’ consent. A person cannot acquire adverse possession if they occupy the land under a lease or a licence.
Adverse possession is often a difficult claim to bring and therefore it is recommended that legal advice is sought prior to making an application- the above information acts as a guide only. Advice will need to be considered in line with your individual situation.
AWB Charlesworth can give such advice on the formalities of adverse possession and bring the claim on your behalf. If require advice on adverse possession please contact Keighley Solicitor David Tear (Head of Litigation and Partner) on 01535 613678 or by email: david.tear@awbclaw.co.uk
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