Property No 6 - Adverse Possession

Adverse possession comes about when a neighbour or stranger enters on to land and takes unauthorised possession of it against all-comers. After long period of possession (10 or 12 years) such a person may seek to be registered as having title to the land. The application must be made to and processed by the Land Registry.

The Land Registration Act 2002 and case law govern the rights and obligations of the parties involved in any dispute about a claim for adverse possession.

In essence the "squatter" must show the following for the relevant period:

• no consent to the possession was sought or given;
• no rent has been paid to the owner of the land;
• the land has been occupied and maintained;
• the land was held against others, eg by walls and fences and gates.

Even so there are circumstances which result in title being refused.