“Squatter’s rights” how would I obtain adverse possession?
  • 17th Jun 2019
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Adverse possession is the principle that if the property owner does not take steps to remove the squatters from their property/land within a certain time period the squatters could obtain legal ownership of that property/land.

 

These conditions must be met for a claim to succeed: 

  • There must be the fact of possession, for example, with a property by living in the property, or with land by fencing off the land.
  • There must be the intention to possess and exclude all others, including the owner.
  • The possession must be adverse, i.e without the owner’s consent or permission.
  • The relevant time period of the uninterrupted possession of the land must be met, if the land is unregistered at the Land Registry this time period is 12 years and if the land is registered at the Land Registry the time period is 10 years.

If all of the above conditions can be met and evidence provided to prove the same, an application can be made to the Land Registry to gain possessory title to the land.