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Adverse Possession

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Adverse Possession

Adverse possession allows a person to claim ownership of a property that they have occupied and used for a certain period of time, without the permission of the legal owner. This can be a complex and contentious area of law, as it involves balancing the rights of the adverse possessor against those of the legal owner. At Forbes Solicitors, we have extensive experience in advising clients on adverse possession matters, and can provide expert guidance and representation throughout the process.

What is Adverse Possession?

Adverse possession is a legal concept where someone can gain ownership of a property by occupying it for a certain period of time without the owner's permission. The occupier must openly and continuously use the property as their own, and the owner must not take any legal action to remove them during that time.

Why choose our Adverse Possession Solicitors?

Our adverse possession solicitors have extensive experience in handling complex cases and providing tailored solutions to clients. We offer a transparent and cost-effective service, ensuring that our clients are fully informed throughout the process. Our team is dedicated to achieving the best possible outcome for our clients and we pride ourselves on our professionalism and attention to detail.

How can our Adverse Possession Solicitors Help?

Our adverse possession solicitors can help you claim ownership of a property that you have been occupying without legal permission for a certain period of time. We can guide you through the legal process, advise you on the strength of your claim, and represent you in court if necessary. Our team has extensive experience in handling adverse possession cases and can provide you with the best possible outcome. Contact us today to discuss your case.

Additional Information

How to stop adverse possession in the UK?

To stop adverse possession in the UK, you should assert your ownership rights by providing notice to the adverse possessor, seeking legal advice, and taking appropriate legal action, such as applying for possession or initiating court proceedings to regain control of the property.

How long does adverse possession take in the UK?

Adverse possession in the UK can take at least 10 years of continuous occupation with the necessary legal requirements met, or 12 years if the land is registered. It is important to consult a solicitor for specific advice based on your circumstances.

How to prove adverse possession

To prove adverse possession, gather evidence such as witness statements, photographs, utility bills, and any other documents that establish your exclusive and continuous occupation of the land for the required statutory period. Consult a solicitor for guidance on specific requirements and documentation.

Is adverse possession 10 or 12 years?

The duration for adverse possession in the UK is generally 10 years. However, if the land is registered, the required period for adverse possession is extended to 12 years. It is important to consult a solicitor for accurate and up-to-date information based on your specific circumstances and the type of land involved.

What are the 5 requirements for adverse possession?

The five requirements for adverse possession in the UK are:

Actual possession: You must physically possess the land in question.
Exclusive possession: Your possession must be exclusive, without permission from the true owner or others.
Open and notorious possession: Your possession must be obvious and visible to the true owner and the public.
Continuous possession: Your possession must be continuous over the required statutory period (at least 10 years or 12 years for registered land).
Adverse intention: You must possess the land with the intention to exclude the true owner and claim ownership for yourself.

How to claim adverse possession

To claim adverse possession, consult a solicitor, gather evidence of exclusive and continuous possession, notify the landowner, submit an application to the Land Registry, and fulfil any necessary legal requirements and proceedings.