Adverse possession claims - registered land

The process for claiming adverse possession of registered land is governed by the Land Registration Act 2002, which introduced stricter requirements to protect the rights of legal landowners. To make a successful claim, an individual must prove they have had exclusive possession of the land for at least 10 years and that this occupation has been continuous, open, and without the owner’s consent.

The process involves the following steps:

• Submitting a Form ADV1 Application: the claimant must complete and submit a Form ADV1 to the Land Registry, providing evidence of their occupation and possession of the land. This includes statutory declarations, photographs, maintenance records, and witness statements.
• Notification to the Legal Owner: the Land Registry will notify the legal owner, who then has 65 business days to either accept or object to the claim.
• Legal Owner’s Response:

- If the legal owner does not object, the claimant may be registered as the new owner.

- If the legal owner objects and can demonstrate an intention to reclaim the land, the application is usually rejected.

- If the owner objects but has taken no action to assert their rights, the claim may proceed to a tribunal for further assessment.

• Reapplication after two years: if the claim is initially rejected but the legal owner fails to take steps to remove the claimant within the next two years, the claimant may reapply. This time, they are more likely to be successful, as the legal owner’s continued inaction strengthens the claim.

Adverse possession claims - unregistered land

For unregistered land, the adverse possession rules are different and are governed by the Limitation Act 1980. A claimant can apply for ownership if they have occupied the land exclusively, continuously, and without consent for at least 12 years. Unlike registered land, where the legal owner is given formal notice of a claim, adverse possession of unregistered land operates under the principle that after 12 years of inaction, the legal owner’s title becomes extinguished.

The process involves:

1. Establishing exclusive possession: the claimant must prove they have physically controlled the land as an owner would, such as by fencing it off, maintaining it, or restricting others’ access.
2. Proving 12 years of continuous use: there must be clear evidence that the claimant has used the land without interruption and without permission from the legal owner.
3. Applying to the Land Registry: once 12 years have passed, the claimant can apply to register the land in their name by submitting a statutory declaration and supporting evidence.
4. Land Registry assessment: the Land Registry reviews the claim, and if no objections are raised, the claimant is granted legal ownership.

Because unregistered land does not have a formal owner listed in the Land Registry, adverse possession claims can be more straightforward in these cases. However, challenges can arise if the legal owner becomes aware of the claim and takes legal action.

At Walker Foster, we guide clients through the adverse possession claims process for registered and unregistered land, ensuring their applications are well-prepared and legally sound. Whether making or defending a claim, our expert solicitors provide the support and guidance needed for a successful outcome.