Adverse possession FAQs
SQUATTER'S PERSPECTIVE
What is adverse possession?
Adverse possession is the name for the rule in law whereby a title in land is acquired by way of possession of that land ("squatting") for a minimum time period.
What do I have to prove to acquire land by way of adverse possession?
In broad terms you have to establish all of the following
- you have 'possessed' the land
- you intended to possess the land
- your possession of the land has been without the consent of the owner of the land
- you have possessed the land for the requisite time period
I have heard the rules relating to adverse possession are very complicated - is this true?
Yes. At present there are four different sets of rules.
I have heard that new rules have recently been introduced that make a claim for adverse possession much more difficult – is this true?
Yes. The Land Registration Act 2002 introduced new rules. You will be subject to these new rules if both the following apply
- the land is registered at Land Registry
- you did not acquire 12 years possession of the land by 13 October 2003
These new rules are very much weighted in favour of the owner of the land and against the squatter. Applications under these rules will only be accepted if they satisfy a very limited set of strict conditions.
If the above points do not apply to your situation then your adverse possession application will probably be subject to one of the other 3 sets of rules.
I understand that the requisite time period that I must have squatted on the land is 12 years - is this true?
It depends. Usually the minimum requisite time period is 12 years. Under the new rules referred to above the time period is reduced to 10 years. In some limited circumstances the time period can be significantly longer.
I have not squatted on the land for the requisite time period but the previous squatters and I collectively have squatted on the land for the requisite time period. Can I rely on the previous squatters' possession as the basis of my adverse possession application?
Yes, providing that there is no break in the squatting on the land between you and the previous squatters. The squatting must be continuous.
What evidence do I have to produce in order to show my possession of the land?
This will vary depending on the nature of the land on which you are squatting. Appropriate evidence could include copies of utility bills in your name relating to the land, photographs of the land showing what you have done on the land (for example, the construction of buildings on the land, planting of flowers and trees, etc) or correspondence that connects you with the land.
I understand that applications for adverse possession can be expensive?
It depends.
We currently charge our time at a rate of £200.00 per hour plus VAT and disbursements (these are expenses that we incur of your behalf during the course of your adverse possession claim). If you make an application to the Land Registry and the Land Registry accepts this then we anticipate that we would be involved in approximately 4-7 hours work in preparing and submitting the adverse possession application to Land Registry.
However, if the application is contested then it can be referred to the Land Registry's Adjudicator. It may even be necessary to apply to the court. In either case, a good deal of work would be involved.
If I establish adverse possession would I have to pay the former owner for his loss of the land?
No.
OWNER'S PERSPECTIVE
I have received a letter from the Land Registry stating that a squatter has made an application for adverse possession of my land - what should I do?
You should take legal advice immediately. If you do not respond to the Land Registry's letter you are at great risk of the Registry accepting the squatter's application and registering the squatter as the owner of your land.
If the squatter acquires my land by adverse possession will I receive any compensation from the squatter for the loss of my land?
No.
What can I do to prevent adverse possession claims or reduce the chance of claims for adverse possession being accepted?
- Regularly inspect any property that you own.
It is particularly important to inspect any property that is not your main home. If you become aware of any occupiers on your land or any encroachments being made on the land then you should take legal advice immediately.
- Keep your Land Registry address(es) for service up to date.
If the title to your land is registered then the Land Registry's registers for the land will contain an address for service for you. If the Land Registry receives an application for adverse possession it will send notice of that application to you at the address for service that it holds. If your address for service is not up to date and you no longer live at that address then you may never receive notice of the adverse possession claim and you will not have the opportunity to oppose the application. If so, then, in all likelihood, the adverse possession claim will be successful and you will lose the title to your land.
Note: You can have three addresses for service and these can include e-mail addresses and overseas addresses.
- Register unregistered titles at the Land Registry.
Titles to properties can be held under two different systems – the registered system or the unregistered system. The registered system is a modern system whereby a person's ownership of land is held in an electronic form at the Land Registry. The unregistered system is an old paper based form of holding titles to land whereby a title to land is proved by way of a set of deeds and documents held by the owner of the land or his/her solicitor or bank etc. The adverse possession rules relating to unregistered land are weighted in favour of the squatter.
GENERAL
How much experience does Bennett Welch have in dealing with adverse possession matters?
Over many years we have successfully dealt with many claims for adverse possession on behalf of both squatters and property owners. These include applications under the new adverse possession rules.
If you have a potential claim for adverse possession or if you are an owner of land and have received a notice of a claim for adverse possession then you should call Shaun Mirza on 020 8670 6141. Shaun is a solicitor at Bennett Welch who specialises in adverse possession claims.
Shaun Mirza
