Expert advice from specialist Adverse Possession Claims Solicitors.
We represent clients nationwide and in many cases face-to-face meetings are not required although naturally that can be arranged.
What is adverse possession?
Acquiring land by adverse possession is the process by which a homeowner or landowner who is not the legal owner of a piece of land can become the legal owner by possessing and exclusively occupying someone else’s land for a specified period of time.
If your usual legal advisers do not already have numerous adverse possession claims in progress, we would recommend you speak to us! This is a specialist area of law and as such you need a specialist – our Commercial Litigation Team are genuine experts in this area.
We can advise you on whether such an application is likely to succeed, and at a preliminary stage advise on whether you should either make an application yourself to have land registered in your name, or whether someone claiming possession of your land is likely to succeed. We know the technical issues important in these cases. At any one time we are usually dealing with applications that have previously failed due to having been made under the wrong piece of legislation, or because the Land Registry have rejected the application as technical issues have not been addressed.
Every time an application fails the prospects of successful reinstatement reduce, and we can ensure that the difficult legal issues are addressed at the outset.
The legal issues are complex; there are two adverse possession regimes in operation in England and Wales, one under the Land Registration Act 2002, and one under the Limitation Act 1980. We will advise you on which regime applies, and whether your case has good prospects of success. In addition, in certain circumstances the application should not be for registration but should be to alter the Land Register.
Timing is crucial; whether to succeed in an application for adverse possession or to defeat an individual’s claim to take away land belonging to another. We regularly act for landowners who are faced with claims for registration of their land, and we can also advise landowners on how to avoid time beginning to run towards the 10 or 12 year period required for a successful application.