How to Claim Land You Have Maintained UK

At Blackstone Solicitors, we often receive enquiries from individuals and businesses who have maintained or occupied a piece of land in England or Wales for several years and wish to understand whether they are entitled to claim ownership of it. The legal mechanism that may enable such a claim is known as adverse possession.

Adverse possession is a long-standing principle of land law which allows someone who has used and cared for a piece of land without the legal owner’s permission, and under certain conditions, to potentially acquire ownership. It is a complex area, and it is essential to approach it with the correct legal guidance and understanding.

In this article, we explain what adverse possession is, the conditions that must be met, the application process, and how Blackstone Solicitors can assist you in claiming land you have maintained.

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Free Initial Telephone Discussion

For a free initial discussion with a member of our new enquiries team, get in touch with us today. We are experienced in dealing with all aspects of adverse possession and once instructed we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

What is Adverse Possession?

Adverse possession refers to a situation where a person occupies land belonging to someone else, without permission, and treats it as their own. If this occupation continues for a specified period and satisfies legal criteria, the person in possession may apply to be recognised as the lawful owner.

There are two different regimes for adverse possession in the UK, depending on whether the land is registered or unregistered with HM Land Registry.

Key Legal Requirements

Whether the land is registered or unregistered, several common conditions must be met:

1. Factual Possession
   You must have actual, exclusive physical possession of the land. This involves using the land as an owner would—this may include fencing it off, maintaining it, cultivating it, or constructing a structure on it.
2. Intention to Possess
   You must demonstrate an intention to possess the land, meaning you treat the land as your own and exclude others, including the legal owner.
3. Without the Owner’s Consent
   The occupation must be without permission from the true owner. If you were given a licence, lease, or informal consent, this undermines the claim of adverse possession.
4. Continuous Possession
   The possession must be uninterrupted for the relevant statutory period.

Statutory Periods and the Two Regimes

1. Unregistered Land

For unregistered land, the statutory period is 12 years of continuous adverse possession. If all legal requirements are met, the original owner’s title may be extinguished, and the squatter becomes the owner in law and equity.

2. Registered Land

For land that is registered with HM Land Registry, the process is governed by the Land Registration Act 2002. Under this legislation:

• After 10 years of adverse possession, the squatter may apply to be registered as the proprietor.
• The Land Registry will notify the legal owner, who has 65 business days to object or take steps to evict the applicant.
• If the legal owner does not respond, or the applicant can establish one of three legal exceptions, the application may succeed.

The three exceptions include:

• It would be unconscionable for the registered proprietor to dispossess the applicant.
• The applicant is entitled to the land for some other reason.
• The applicant has been in adverse possession of land adjacent to their own under the mistaken belief that they owned it.

Step-by-Step Guide to Making a Claim

Step 1: Identify the Nature of the Land

The first step is to ascertain whether the land in question is registered or unregistered. This can be done by conducting a search through HM Land Registry. Blackstone Solicitors can handle this search on your behalf.

Step 2: Gather Evidence of Possession

Evidence is crucial. You must provide proof of:

• Physical occupation (e.g., photographs, witness statements)
• Maintenance work (e.g., receipts, records)
• Exclusive use and intention to possess

Typical examples might include:

• Building and maintaining fences
• Clearing and landscaping the land
• Constructing outbuildings or garages
• Using the land for parking or gardening

Step 3: Legal Assessment

Our solicitors will assess the strength of your claim based on the facts and applicable law. If we are satisfied that the criteria for adverse possession are likely to be met, we can proceed with the application.

Step 4: Application to HM Land Registry

For registered land, an application is made using Form ADV1, accompanied by a statutory declaration or statement of truth detailing your use of the land. Supporting documents and evidence must also be submitted.

Step 5: Responding to Objections

If the land is registered and the legal owner objects, they may initiate proceedings to recover possession. At this stage, legal representation is essential. Our team will respond appropriately, seek to resolve the dispute, or, if necessary, defend your claim in court.

Risks and Challenges

Claiming land through adverse possession is not straightforward and carries several risks:

• The true owner may object and reclaim possession.
• The application may be refused if evidence is weak or inconsistent.
• If the legal owner initiates legal action, costs may be incurred.

Furthermore, attempting to claim land dishonestly or through concealment may result in criminal charges or civil penalties. It is therefore imperative to approach adverse possession transparently and with legal advice from the outset.

Common Examples Where Adverse Possession May Apply

We have acted for clients in a variety of situations where adverse possession may be relevant, including:

• Homeowners who have maintained adjacent strips of land (e.g., verges or alleyways).
• Farmers who have used a neighbour’s land for grazing for many years.
• Businesses that have extended parking or storage areas onto unclaimed or neighbouring land.
• Gardeners or tenants who have looked after abandoned plots or allotments.

Each case is unique, and success depends on the facts, history of use, and availability of supporting evidence.

How Blackstone Solicitors Can Help

At Blackstone Solicitors, we have extensive experience advising clients on land ownership disputes and adverse possession claims across England and Wales. We offer:

• Expert legal advice on your rights and prospects of success.
• Assistance in preparing and submitting applications to the Land Registry.
• Representation in defending your claim in the event of an objection or legal challenge.
• Negotiation services if alternative dispute resolution is appropriate.

We understand how sensitive and complex these matters can be, especially when relationships with neighbours or other parties are involved. Our team will guide you with clarity, discretion, and robust legal support throughout the process.

Conclusion

Claiming land you have maintained in the UK through adverse possession is legally possible, but it requires careful preparation, clear evidence, and sound legal guidance. Whether you are a private individual, business owner, or landholder, Blackstone Solicitors can assess your situation and help you take the appropriate steps.

If you believe you have a claim or would like further advice, please contact our experienced property solicitors today for an initial consultation.

We have a proven track-record of helping clients deal with adverse possession claims. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

Deciding when (or whether) to incorporate, what kind of ownership

How to Contact Our Residential Property Solicitors

It is important for you to be well informed about the issues and possible implications of an adverse possession claim. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.

To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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