What is an adverse possession claim/dispute?

A claim for adverse possession is a claim brought against the legal owner of land where land has been occupied or possessed by someone for a period of 10 years (if the land is registered) or 12 years (if the land is unregistered).

The occupier will need to show that they have been in possession of the land without the legal owner’s permission for the necessary number of years. They will need to prove both factual possession and also an intention to possess the land.

An application can be made to the Land Registry to record the ownership and at that stage the legal owner will have the opportunity to object to the registration.

Our team of specialist solicitors have experience both in bringing claims for adverse possession and also opposing them.

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Commercial Adverse Possession Claims FAQs

What are the rules for adverse possession in the UK?

Adverse possession is a claim brought against the legal owner of land where land has been occupied or possessed by someone for a sufficient period of time.

Can I claim ownership of land I've used for over 20 years?

You only need to prove that you have used the land for of 10 years (if the land is registered) or 12 years (if the land is unregistered).

Do you need a solicitor to make an adverse possession claim?

No, but owing to the complexity and to ensure the greatest chances of success it is recommended that legal advice is sought.

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Our team specialise in taking a personal and empathetic approach to working with our clients to ensure that whatever they may be facing, our experts at always on hand to help. Learn more about us.

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About Ellis Jones

Our team specialise in taking a personal and empathetic approach to working with our clients to ensure that whatever they may be facing, our experts at always on hand to help. Learn more about us.

Learn More

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