Adverse Possession Claims

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Adverse Possession Claims

A person occupying property or land without the owner’s consent and with a sufficient degree of physical control has what is known as ‘adverse possession’ of that property or land.

Adverse possession is also commonly referred to as squatting, although squatting usually denotes short-term occupation of property. Historically, a person had to be in adverse possession for 12 years to acquire an interest in the occupied land.

However, the introduction of the Land Registration Act 2002 changed the position in relation to registered land. The period of adverse occupation has been reduced to 10 years, after which the occupier can apply to the Land Registry to acquire a proprietary interest in the land.

If this application is successfully opposed the landowner has another two years to regain possession of their property. The position in relation to unregistered property remains that the occupier should adversely possess the land for 12 years after which he can apply for possessory title of the occupied land.

Timing is very important in these cases for both the owners and the adverse possessors. In order not to lose their entitlement to recover their land the owners may need to make possession claims, as soon as they become aware of the squatter, to stop time working against them.

On the other hand, the adverse possessors will not want to take any step that will alert the owners to the position during the 10 or 12-year limitation period.

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Support for adverse possession claims

At IBB Law, our highly skilled adverse possession lawyers have years of experience assisting clients with all types of adverse possession claims, including:

  • Making an adverse possession claim
  • Defending an adverse possession claim
  • Enforcing Possession Orders through the county courts
  • Enforcing Possession Orders through the High Court

Why choose IBB Law for help with adverse possession in the UK?

As experts in this field, our firm possesses in-depth knowledge and understanding of the legal intricacies surrounding adverse possession.

We can provide valuable pre-action advice, assessing the viability of a claim and guiding our clients on the evidence required to support or defend your case.

IBB Law excels in securing possession for property owners. Through our expertise in navigating the legal process, we can assist clients in obtaining possession orders and enforcing them effectively, ensuring your property rights are protected.

We also specialise in pursuing adverse possession applications and can guide you through the legal process to present a strong case for securing title to the relevant property.

By choosing IBB Law, you will benefit from our comprehensive services, tailored specifically to adverse possession matters, and our commitment to achieving successful outcomes for our clients.

Contact our experienced adverse possession solicitors to discuss your claim

To discuss your adverse possession dispute, please contact a member of our team on 01895 201759 or contact us via the enquiry form at the top of this page.

Please note: our legal team are unable to provide legal advice without charge. We will provide you with a pricing proposal at the outset and we usually require monies on account before commencing work.


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