Adverse possession is where land is acquired as a result of someone occupying land that they do not own, to the exclusion of all others and without the permission of the owner. It is often referred to as ‘squatters’ rights’.
This may happen as a result of someone having lived in a property for an extended period of time, or as a result of a disputed land boundary. It can also occur as a result of intentional trespass.
How we can help
Examples of adverse possession include expansion of garden land and continuous use of a private driveway.
The rules on Adverse Possession were changed by The Land Registration Act 2002. However, the old rules do still apply to periods of possession which started before 1991 or to unregistered land.
This is a complex area of law where very specific criteria have to be satisfied in order for a claim to be successful. Our experienced property litigation solicitors have the specialist knowledge to support and assist you with either bringing or opposing such a claim.
If you would like to talk to one of our property litigation solicitors about adverse possession, please contact 0333 323 5292 or fill in our enquiry form and we will be in touch.
“Lupton Fawcett go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome.”
Chambers and Partners
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