Adverse Possession Specialist adverse possession solicitors in Milton Keynes

A successful adverse possession claim will result in awarding a person legal title in respect of the land. This might not be an absolute title, but in the future, there may be the opportunity to apply for the title to be upgraded.

At Heald Solicitors in Milton Keynes, we can advise you in respect of adverse possession, whether you wish to take possession of property or are looking to protect your rights of ownership against someone else. The law in this area can be complicated but our real estate team has an in-depth understanding of the way in which adverse possession can be proved and we can give you the advice you need to enforce your legal rights.

Claiming adverse possession of land

To prove adverse possession, you cannot have been granted permission to use the land. You must also be able to show that you have had single and exclusive possession of the land, without access by others, or that you had the intention to possess the land.

The rules are different depending on whether the land is unregistered or registered.

If the land in question is registered at HM Land Registry, the person applying to own the land will need to have been in possession of it for a minimum of ten years. The ability to claim adverse possession of registered land is much harder than where the land is unregistered although here the minimum time before a claim can be made is twelve years.

In both cases, you must also be able to prove that the following conditions have been met:

• that you or any predecessors have continuously been in actual possession of the land;
• that you have been in factual possession of the land e.g., by fencing it off or securing it to exclude others; and
• that you have the intent to possess the land.

Objecting to adverse possession

It is essential never to ignore a letter from the Land Registry where someone has applied for adverse possession of your land.