Adverse possession solicitors

What is adverse possession? 

Adverse possession is the legal process by which a person who is not the registered or documentary owner of land may, in certain circumstances, acquire title through possession. 

For registered land, the Land Registration Act 2002 introduced a specific regime. After 10 years' adverse possession, a person can potentially apply to be registered as proprietor. The registered proprietor and certain other interested parties are notified and have an opportunity to oppose the application.  

Different rules apply to unregistered land. HM Land Registry Practice Guide 5 explains that title to unregistered land can be acquired through adverse possession over the relevant period, together with the operation of the Limitation Act 1980.  

There are also transitional rules affecting certain registered land where rights were acquired before 13 October 2003.  

Can you claim registered land by adverse possession? 

Potentially, but possessing registered land for 10 years does not automatically transfer ownership. 

After 10 years' adverse possession, an application can be made to HM Land Registry. The registered owner and certain other interested parties will be notified and can oppose the application. Where an application is opposed, it will generally be rejected unless one of the statutory conditions applies.  

If you have received notice of an adverse possession application affecting your land, it is important to obtain advice on the application and your options for responding. 

How do I oppose an adverse possession claim? 

If someone applies to be registered as the owner of your land through adverse possession, the appropriate response will depend on the circumstances of the claim and the evidence available. 

HM Land Registry Practice Guide 4 confirms that registered proprietors and certain others are notified of an application and given the opportunity to oppose it.  

Our solicitors can review the application and supporting evidence, advise you on the strength of the claim and assist with objecting to or opposing an adverse possession application. 

What evidence is needed for adverse possession? 

Adverse possession claims are highly fact-sensitive. The applicant must establish the necessary period and nature of possession, rather than simply showing that they have used the land occasionally. 

Evidence concerning the history and circumstances of occupation can therefore be important when making or defending a claim. 

Our solicitors can assess the available evidence and advise whether the legal requirements for adverse possession appear to be satisfied. 

How our adverse possession solicitors can help 

Our property solicitors can assist with: 

• assessing potential adverse possession claims; 

• applications concerning registered or unregistered land; 

• responding to an adverse possession application; 

• opposing an application to HM Land Registry; 

• reviewing evidence of long-term occupation; 

• disputes concerning ownership and occupation of land; 

• advising on older and transitional adverse possession claims; and 

• representation where an application develops into a dispute. 

Why choose Stephensons? 

Adverse possession disputes can place valuable land and property rights at stake. 

Our specialist property team can assess the legal title, history of occupation and available evidence before advising on the most appropriate approach to making or defending a claim. 

We provide clear, practical advice throughout the process and can represent you in disputed proceedings where required. 

Speak to an adverse possession solicitor 

If you are facing an adverse possession claim or believe you may have acquired rights over land through adverse possession, contact our specialist property solicitors. 

Call 0161 696 6170 to discuss your circumstances.