Solicitors in Essex & London
There are instances where people have used a piece of land for so long that they end up acquiring it by default. This is called adverse possession.
Adverse possession is the act of occupying land and treating it as your own over a substantial period of time giving rise to rights of ownership.
There are three main conditions that need to be met to qualify adverse possession:
Full details are set out in our Legal Hub article here: ‘How to Apply for Adverse Possession’.
The key requirement of adverse possession is evidencing your occupation and use of the land for the required period. This can be done via a Statement of Truth signed by the occupier covering the following issues:
It will also be necessary to include a plan showing the extent of the area of land you have been occupying.
If the previous occupier is passing on the benefit of their period of occupation to you, you need to ensure that this is documented via an accurate Statement of Truth and that this is stored safely. The period of occupation needs to be continuous and if there is a break in the chain of occupation it can be fatal to an application.
Pinney Talfourd’s residential property litigation department has vast experience in submitting and defending adverse possession applications, the Land Registry registration process, and hearings at the First-tier Tribunal (Property Chamber).
It is important to work with qualified professionals to ensure accurate information is provided and proper procedures are followed. Our solicitors have long-established relationships with local surveyors who will be able to accurately provide plans of contested areas of land. Find more information in our Legal Hub article here: ‘How to Apply for Adverse Possession’. Please contact us for further advice on making an adverse possession claim.
If you require further legal advice relating to adverse possession please contact any of our residential property litigation solicitors to discuss your legal issues in more detail.
Our specialist team offer consultations at any of our offices in Brentwood, Hornchurch and Upminster, and also at our office facilities based in Leigh-On-Sea and Canary Wharf, London. Alternatively, if more convenient for you, we are happy to meet you at your own premises.
Simply make an online enquiry or call your local office.