Adverse possession occurs when title to a piece of land (ownership) passes to an individual as a result of their having occupied it for ten years or more.
An individual may acquire ownership of someone else’s property simply through having lived in it for a period of time – or as a result of intentional trespass on another person’s land, or because of a disputed boundary.
For example, a right of way over property can also be established if an individual has used it unchallenged for 20 years or more.
In adverse possession cases, it may be that the original owner was not aware that ownership of their land would pass to someone else by default because they had occupied it or trespassed.
However, once an individual tries to register their name as the rightful owner (known as “title”), then the original owner may have a real problem on their hands.
Objections to Adverse Possession Claims
In the event an individual applies to the Land Registry to register their ownership to land or property, the original owner has 65 days to make an objection.
Failure to respond means the new owner will take possession of the land or property once they have proved they have had possession of it or control over it for ten years or more.
This can be devastating for the original owner – especially if a factor in the past has resulted in an adverse possession claim, such as a conveyancing error, or plans which were not clear about where a boundary lay.
LAWTEC Solicitors regularly advise clients on defending adverse possession claims – including cases where an individual may have “trespassed” on land you own for ten years or more.
Defending Adverse Possession Claims
LAWTEC Solicitors have a wealth of experience in property matters and can act swiftly to protect a client’s interests in adverse possession claims.
LAWTEC Solicitors has a successful litigation department and our solicitors regularly handle property litigation cases in the county court or in the Appeal Court.
In property cases – and especially adverse possession claims – time can be of the essence.
LAWTEC Solicitors recommend that clients get in touch as soon as possible to discuss opposing an adverse possession claim and taking appropriate action against the opponent.
Funding Adverse Possession Claims
LAWTEC Solicitors offer clients who wish to take legal action in adverse possession claims a Conditional Fee Agreement (CFA) to fund the case.
LAWTEC Solicitors also offers a fixed fee arrangement for the initial assessment of a claim for adverse possession, so our clients know exactly how much they will be paying from the outset.
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