Return to view all news articles.

A Guide to Navigating Adverse Possession

by TFS Admin 17th October 2024

Adverse Possession is defined as “the means of acquiring a title of land by long possession”. It is a legal principle that allows a person to claim ownership of land or property if they have occupied it for a certain period of time without the owner’s permission. 

Adverse Possession - What is the criteria?

The individual who is seeking possession, known as “the squatter”, must meet several conditions: -

  1. Exclusive Possession – The squatter must have exclusive control of the land and be treating it as their own
  2. Uninterrupted Possession – The squatter must occupy the land continuously without significant breaks 
  3. Possession without the owner’s consent – The occupation must be without the permission of the true owner 
  4. Open and Notorious Use – The occupation of the land must be obvious, so the legal owner could have noticed the use if they were paying attention
  5. Factual Possession and Intention to Possess – The squatter must physically possess the land and demonstrate the intention to control it

What are the timescales for claiming Adverse Possession?

The timescales for claiming Adverse Possession depend on whether the land is registered or unregistered. 

The timescales are as follows: -

  1. Unregistered Land – The squatter can apply to become the legal owner after 12 years of continuous adverse possession. 
  2. Registered Land – The squatter can apply for ownership after 10 years of continuous adverse possessionHowever, in this instance, once they apply the landowner is notified of their application and has the opportunity to object and take legal action to reclaim the land. 

How do I apply for Adverse Possession?

If you meet the above criteria for either unregistered or registered land, then you can apply to the Land Registry to apply for Adverse Possession. 

However, depending on whether the land was unregistered or registered, determines the relevant forms which need to be submitted to the Land Registry: - 

  1. Unregistered Land – The application must be made using Form FR1 (First Registration). Within this form, you should include a plan of the land in question (together with a verbal description of the land) and consideration should be shown for the class of title you are seeking to apply for i.e., absolute, good, possessory etc. Supporting evidence should also be provided, including a Statement of Truth of Statutory Declaration. These should be factual and made by the person seeking to apply for ownership. 
  2. Registered Land – The application should be made via form ADV1 (Adverse Possession) together with a Statement of Truth or Statutory Declaration made by the applicant supporting their application. 
Moving house? Don't forget to update your Will.
Find out more

Our blogs and articles are not meant to serve as legal advice for any specific issue. The author assumes no responsibility for the accuracy of the content or any consequences that may arise from relying on it.