Adverse Possession Solicitors
If you are looking to make or defend an adverse possession claim, expert legal advice can help you understand your rights and options. At HSR Law Solicitors, our experienced adverse possession solicitors provide clear, practical advice on property disputes, helping clients navigate the complexities of adverse possession and Land Registry applications.
Whether you are seeking to establish ownership of land you have occupied or are facing a claim against your property, there are important legal requirements to consider. These can include the length and nature of your possession, whether the land is registered, your intention to possess the land and the evidence available to support your position. Our property dispute solicitors can assess the circumstances, explain your options and help you take the appropriate steps to protect your interests.
What is adverse possession?
Adverse possession means the occupation of land by someone who does not hold legal title to the land, without the permission of the person(s) who do. If such occupation continues for a long enough period of time, it is possible for them to gain possessory title. There are two different approaches to seeking possession dependant upon how long the person has been in possession.
For registered land or unregistered land, if possession can be proven for a minimum of 12 years prior to October 2003, the person in possession can claim the legal proprietor has been automatically dispossessed of title to the land and apply to the Land Registry to become the registered proprietor.
If possession of registered land cannot be proven for such a long period, but can be evidenced for a minimum period of 10 years post (or including) October 2003 then an application can also be made for adverse possession under Land Registration Act 2002.
What Is Factual Possession in an Adverse Possession Claim?
In either event evidence must be provided as to factual possession and the intention to possess. The person who claims possession will need to prove that they have been dealing with the land as if they owned it, to the exclusion of anyone else, for the entirety of the period mentioned above. A good example of this would be fencing the land off, although this is not, in itself, conclusive.
Intention to Possess: What Does It Mean for Adverse Possession?
The intention is extremely important. There must be an intention to possess, not just to own or even to acquire ownership. An intention to possess is often construed from a person’s actions during the course of their possession of the land.
Adverse Possession Without the Owner’s Consent
A person wishing to acquire adverse possession of a piece of land must possess the land without the owners’ consent. A person cannot acquire adverse possession if they occupy the land under a lease or a licence. The existence of an agreement to use the land will present a good defence to any claim.
Adverse possession is often a difficult claim to bring and therefore it is recommended that legal advice is sought prior to making an application. The above information acts as a guide only. Advice will need to be considered in line with your individual situation.
When can you claim adverse possession?
Adverse possession can be a complex area of property law, and simply occupying land for a certain period does not automatically give you ownership. In this guide, HSR Law Solicitors explains when you may be able to claim adverse possession, the requirements you must satisfy and the steps involved in making a claim. A blog by Katie Williams
How HSR Law Can Help
An adverse possession claim can be complex, particularly when you are seeking to establish ownership of land that has been occupied for a significant period. From assessing whether the requirements for adverse possession have been met, to advising on evidence, making an application to the Land Registry or responding to an objection, expert legal guidance can help protect your position.
At HSR Law, our experienced property solicitors advise clients in Doncaster and the surrounding areas on adverse possession claims and a wide range of land and property disputes. We take the time to understand your circumstances and provide clear, practical advice on the legal steps involved in establishing or defending a claim.
If you are considering making an adverse possession claim, or have received an objection to a claim affecting your property, contact HSR Law today for expert advice tailored to your circumstances.
Contact our Adverse Possession Solicitors in Doncaster
Have you ever wanted to just ask a lawyer if they can help you, without worrying about what it may cost to contact them? If so, call HSR Law Solicitors and together we can work out what your next steps might be, in confidence, at no cost and with no obligation.
Complete our simple form with your name and contact number and we will call you back to discuss how we can help. Alternatively you can contact our Adverse Possessions solicitors directly.
Your Adverse Possession Team
Adverse Possession FAQs
Possibly. Whether you can make a successful adverse possession claim depends on factors including how long you have occupied the land, whether the land is registered, whether you have had factual possession and whether you intended to possess it without the owner’s consent.
HSR Law Solicitors can assess your circumstances and advise whether you may have a claim. If you are considering an adverse possession claim, contact HSR Law Solicitors in Doncaster for clear, practical legal advice.
The required period depends on whether the land is registered or unregistered and the circumstances of the possession. For registered land, the Land Registration Act 2002 generally requires 10 years of qualifying possession before an application can be made. However, adverse possession law is complex, so professional advice is recommended.
HSR Law’s experienced property and dispute resolution solicitors can advise clients in Doncaster and surrounding areas about the requirements for an adverse possession claim. Contact HSR Law to discuss your situation.
Evidence needs to demonstrate that you have had factual possession of the land and the necessary intention to possess it. Depending on the circumstances, this could include evidence of fencing, maintenance, gardening, improvements or other activities showing exclusive control of the land.
If you are unsure whether your evidence is sufficient, speak to HSR Law Solicitors in Doncaster. Our team can assess the circumstances and explain your options.
Yes. When an application is made in respect of registered land, the Land Registry will normally notify the registered proprietor and other relevant parties. The owner may object to the application, and an objection can make the process considerably more complicated.
If you are facing an objection to an adverse possession claim, HSR Law Solicitors can provide expert advice and representation. Contact HSR Law to discuss your circumstances.
There is no requirement to instruct a solicitor, but adverse possession claims can be difficult and depend heavily on the individual facts and evidence. Getting legal advice before making an application can help you understand whether you meet the relevant requirements and avoid potential problems.
HSR Law Solicitors advise clients in Doncaster and across South Yorkshire on adverse possession and related property disputes. Contact us today for advice tailored to your circumstances.
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