Adverse possession

Did you know that if you occupy someone else’s land openly without their permission and for 10 years – it used to be 12 years – you can claim it by adverse possession and obtain title to it at the Land Registry?

Very often the new owner originally had a licence from or paid rent to the paper title owner but then the situation changed and the adverse possessor, who was then a trespasser, gradually obtained a lawful title. It is sometimes thought that it will be sufficient to erect a fence around the land and that this will be conclusive evidence in favour of the adverse possessor or squatter but this is not always the case. Other factors like actually making use of the land are just as important.

The recently changed law is now full of pitfalls but we have done several of these cases in the past few years and Laurence Kingsley can help you, the trespasser, to obtain title or you, the owner, to defeat the adverse possessor.