Can I Still Claim Adverse Possession?
Contact
Table of Contents
What is Adverse Possession aka Squatters’ Rights?
The principle of “adverse possession” commonly known as “squatters rights” is a principle which allows a person who does not have legal title to become the owner of land by being possession of it for a period of time, usually 12 years.
So if a squatter could evidence the fact that they have been in control of the land for 12 years to the exclusion of the legal owners then the legal owner will be statute barred from recovering possession of that land. This continues to be the case for unregistered land and registered land where the period relied upon is for a period of at least 12 years ending before 13th October 2013. However, for registered land there is a different regime laid out in the Land Registration Act 2002 which makes it more difficult for a squatter to obtain adverse possession of registered land.
How Do I Claim Adverse Possession/Squatters Rights?
Regardless of whether a claim for adverse possession is for registered or unregistered land, the elements to be proved remain the same:
- Uninterrupted factual possession of the land by the claim for the relevant period
- Intention on the part of the claimant to possess the land during the period of possession.
These elements will involve the squatter showing:
Factual Possession for the Requisite Period
The squatter will need to show factual possession for the requisite period ie 10 years for registered land and 12 years for unregistered land.
The most common way a squatter may acquire land is by taking possession of land which has been abandoned by the legal owner.
Exclusive Physical Control Over the Land
There must be a sufficient degree of exclusive physical control over the land so the squatter will need to show that they have been dealing with the land in a way that an occupying owner would have been expected to deal with the land and there must be no one else who has exercised the same physical control.
Intention to Possess the Land
The squatter must show that they intended to possess the land during its period of possession. The intention must be to possess in the squatter’s own name, on its own behalf and to the exclusion of all other including the legal owner.
As I have explained above, even if the above elements are shown, it is almost impossible to obtain title by adverse possession of registered land against the will of the true owner but there are three exceptions to this rule. The process under the Land Registration Act 2002 allows the paper owner to oppose the squatter’s application and the squatter’s application will fail unless it can meet the conditions set out in paragraph 5 of schedule 6 to the Act as follows:
Estoppel
The squatter has to show it would be unconscionable because of equity for the squatter to be dispossessed and the circumstances are such that the squatter ought to be registered as the proprietor.
The Squatter has Some Other Right to the Land
The squatter has to show that he is entitled to the land based on some reason other than having been in adverse possession for 10 years
Reasonable Mistake as to Boundaries
This ground is the most widely used ground by squatters. It recognises that boundaries on the ground do not always coincide with the boundaries as shown on the registered title and as the register is not always conclusive as to boundaries, there is a case for allowing a squatter to acquire title in certain circumstances where the squatter has acted in good faith.
However, many a squatter has relied on this ground to claim plots of neighbouring land which are not even in the vicinity of the boundary. A recent case of Dowse v City of Bradford Metropolitan District Council (2020) has however tightened the interpretation of this exception which is much narrower than previously thought. The case held that the whole of the disputed land would have to be described as “adjacent to” the applicant’s land for the condition to be satisfied.
So whereas adverse possession is still very much a legal principle which can allow a squatter to become a legal owner of land by being in possession of it for a period of time, in the case of registered land, it has become extremely difficult to successfully rely on this principle.
Speak to an expert property litigation lawyer
If you would like to speak to a property litigation lawyer, please call Shilpa Mathuradas, on 020 7485 8811 or alternatively, complete an online enquiry form.
Share this article
“Shilpa is knowledgeable and helpful. She is not afraid to challenge the boundaries for her clients, with excellent results.”
“Shilpa combines the fierce representation of her clients’ best interests with the reasonable and constructive attitude that the Court always looks for in modern litigation. She has invaluable tactical awareness and skilfully handles complex and unusual cases and difficult opponents. As a barrister it is a pleasure to be instructed by her because you so often find that she has already taken the steps that you would have recommended had you been the client’s first point of contact. Her preparation of cases for trial is extremely thorough and helps ensure a positive result before you have set foot in Court.”
“Thank you so much for your help. You were efficient, clear and advised me well in addition to being very pleasant to work with.”
“I would like to sincerely thank you for all the hard work in assisting me to resolve my rather unusual and complicated case. Last 2 years were very stressful and intensive and often only your professional approach and personal realistic but positive attitude helped me not to give up. The uncertainty weight of more than 10 years is off my shoulders thanks to you and your colleagues. Thanks once again for your legal advice, time, and efforts”.
“Mostly I am grateful that Shilpa was understanding about the delays caused by my illnesses, and that she stuck with me and got a good deal for my tenancy. I did feel she fought to protect me and my rights. I appreciate that she kept me informed about progress, sending copies of emails with the other side and consulting me when necessary. I appreciated her eye for detail on legal matters and how she stood firm against a somewhat tricky opposing solicitor.”
“Shilpa was very thorough in the advice she provided and I was immediately put at ease with her involvement. She works hard to achieve the agreed objective and I very much appreciate her help in my matter.”
“Shilpa was very diligent in her attention to detail and her pursuit of all necessary documentation; she showed great determination in the face of many requests by the other party’s solicitor to let certain things slide. She was thorough and professional which gave us a great sense of security.”
Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.
On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient
At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.
Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.
I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.
If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.
Shilpa was professional, realistic, and unflappable. Shilpa managed to persuade a reluctant witness to come forward to support my case. She obviously knows her subject very well.
I always had full confidence in Shilpa keeping my best interests at heart. I often didn’t understand the legal language, and she would follow this up with a phone call and patiently explain.
Insights from ShilpaVIEW ALL
- 11.5.2023
Lease Extension Negligence
What is Lease Extension Negligence? Solicitors Negligence when a Tenant claims a new lease of a flat under the Leasehold...
Read more - 11.5.2023
Overlooking Nuisance Claims
The Supreme Court’s Ruling on Overlooking as Private Nuisance In the case Fearn v Tate (2023) UKSC 4, the UK Supreme...
Read more - 5.2.2023
Japanese Knotweed: Knot in my backyard again!
Huge legal bill after selling home with Japanese knotweed Many will have read the recent case in which a furniture...
Read more - 9.6.2022
TOLATA Claims
What is a TOLATA claim? A TOLATA claim is a legal process under the Trusts of Land and Appointment of...
Read more - 6.4.2022
The End of Ground Rents
The Leasehold Reform (Ground Rent) Act 2022 It has been confirmed that The Leasehold Reform (Ground Rent) Act 2022 will come into...
Read more - 9.11.2021
Can I Still Claim Adverse Possession?
What is Adverse Possession aka Squatters’ Rights? The principle of “adverse possession” commonly known as “squatters rights” is a principle...
Read more - 5.10.2021
Buying a Property with a Party Wall Agreement
Introduction to buying a house with a party wall agreement Buying a property can already be a stressful process but...
Read more - 10.8.2021
Beneficial Interest in Property
What does beneficial interest in property mean? A beneficial interest in property gives someone the right to share the benefits...
Read more - 26.6.2021
The Risks Of Buying Properties Off Plan!
Buying Property Off Plan The Daily Mail reported that 300 families a week have to move into shoddy newly built homes....
Read more - 11.10.2019
End to No Fault Evictions
Everything you need to know about section 21 reform The government is planning to overhaul renter’s rights in the UK,...
Read more - 18.7.2019
New Builds, Poor Standards!
Allegations of Poor Standards and Customer Care in New Builds This week’s Dispatches programme examined allegations of shoddy standards,...
Read more - 10.4.2019
Tenant Fees Act 2019
Tenant Fees Act 2019 comes into effect On 12 February 2019, the Tenant Fees Bill received Royal Assent and comes into effect on...
Read more - 23.9.2018
HMO Licenses to be Extended
Changes to HMO Licenses In an attempt to raise standards for all relevant Houses in Multiple Occupation (HMOs), changes are...
Read more - 31.10.2017
Can you rent a property to then rent...
What is Airbnb rent-to-rent? Airbnb rent-to-rent is where an individual rents a property from a landlord, typically under a standard...
Read more