Understanding Adverse Possession

What is Adverse Possession of Unregistered Land?

Adverse possession is a legal principal that allows a person who possesses someone else’s land for an extended period of time to potentially claim legal title to said land.

What is Registered and Unregistered Land?

Since the Law of Property Act 1925 and the Land Registration Act 1925, Registered Land is any property kept on record by the Land Registry. Since 1990, all of England and Wales became areas of compulsory registration which means if an unregistered property is sold it must be registered with the Land Registry. The Land Registration Act 2002 expanded the rules. It now includes assents, gifts, and mortgages as actions that require compulsory registration.

Unregistered Land is a property with no details recorded at the Land Registry. This can happen if part or all of the title deeds are lost, destroyed, or forged. It may take time and effort to find out if a piece of land is registered. In a case where there are no title deeds it may be necessary to reconstitute the legal title, which is something a residential property expert can assist with.

5 Requirements for Proving Adverse Possession

1. Continuous use: In this case, the claimant must prove they have used the property without interruption for at least 10 years.
2. Hostile and adverse occupation of the property: This doesn’t mean that the disseisor uses force to occupy the land. They must prove there is no existing agreement or license from the landowner such as a written easement, lease, or rent agreement.
3. Open and obvious possession: The person claiming must use the property in a clear and visible way. However, if applicable, the true owner does not need to know about the occupancy.
4. Actual possession: The possessor must actively possess the property for the state’s predetermined statutory period, which may vary from 3 to 30 years.
5. Exclusive use: The disseisor uses the property solely, excluding any others from using it as well.

Claiming Adverse Possession

Prior to the implementation of the Land Registration Act 2002, a squatter could acquire the right to be registered as proprietor of an estate if they had been in adverse possession of the land for a minimum of 12 years. However, due to the variables of requirements, in many cases, proof of payment for the taxes on a property and a deed is essential for the success of the claim.

Applying for Adverse Possession

To apply for this, the claimant or squatter must fill out the ADV1 form. They also need to include a statement of truth or a statutory declaration that meets the form’s requirements.

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