Property Litigation: Beware of Squatters' Rights

Often known as "squatters' rights", adverse possession is the legal process where a non-owner of land (‘the squatter’) can become the owner of that land and be formally registered as the owner at HM Land Registry.

Applications for adverse possession can be highly contentious and as well as defending claims we are frequently asked by clients as to whether they should consider applying for adverse possession to secure their rights.

For land that has already been formally registered at the land registry an individual can apply to become the registered owner of land after adversely possessing the land after ten years (although in some, limited cases, a twelve-year period will apply to registered land). For land that has not been registered at the land registry the relevant time period is twelve years. From when these timelines apply is not straightforward as a squatter is only legally entitled to apply for adverse possession if there is both factual possession and an intention to possess the land.

Disputes usually arise over the interpretation as to whether the applicant has, in fact, been in factual possession of the land in question or whether there was an ‘intention’ to possess the land to the exclusion of the registered landowner. Discussing the circumstances around your matter will allow us to advise you on when the timescales began and further whether you satisfy the requirements to put forward a successful application, or alternatively, whether you are able to robustly defend such an application for adverse possession.

We advise our clients whether they are the squatter seeking to make an application for adverse possession or the legal owner who is defending an application for adverse possession. Such rights are applicable to both residential and commercial properties and thus homeowners, landlords and tenants should all take note.

Get in touch with our Litigation & Disputes team to discuss further.

Contact Us or litigation@lawson-west.co.uk

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