Adverse possession solicitors

Adverse possession can be a complex and contentious area of property law, where an individual seeks to claim ownership of land they do not legally own by proving they have occupied it for a certain period of time.

This legal concept can lead to significant disputes between the true landowner and the person claiming possession. At Moore Barlow, our team of experienced solicitors is here to help you navigate the intricacies of adverse possession, whether you are seeking to claim land or defend against such a claim.

Understanding adverse possession

Adverse possession occurs when someone who does not legally own a piece of land takes possession of it and treats it as their own for a continuous period, typically 10 to 12 years in England and Wales. If certain legal conditions are met, the person in possession may apply to be registered as the new legal owner of the land, potentially displacing the original owner. This process can be highly contentious, requiring careful legal analysis and often leading to disputes that need to be resolved through negotiation or litigation.

How we can help with adverse possession claims

At Moore Barlow, we offer comprehensive legal support for both individuals seeking to claim land through adverse possession and landowners who need to defend their property rights. Our approach begins with a thorough assessment of the situation, examining the history of land use, any relevant documentation, and the specifics of the claim. We provide clear, strategic advice tailored to your unique circumstances, helping you understand your rights and the best course of action.

For those seeking to establish adverse possession, we guide you through the legal requirements, ensuring that your claim is supported by solid evidence and meets all statutory criteria. If you are defending against an adverse possession claim, we work to protect your property rights, challenging the claim where necessary and exploring all legal avenues to retain your ownership.

Who we can assist

Our adverse possession services are available to both individuals and businesses dealing with property disputes. Whether you are a landowner concerned about an adverse possession claim on your property or someone who has occupied land for an extended period and wishes to formalise ownership, we can provide the expert legal guidance you need. We have extensive experience in handling adverse possession cases across a variety of property types, from residential plots to large commercial estates, ensuring that we can address the unique challenges each situation presents.

The importance of timely action

In adverse possession cases, timing is crucial. The longer a dispute remains unresolved, the more complicated it can become. If you believe you have a claim to land through adverse possession, or if you suspect someone is attempting to claim your land, it is essential to seek legal advice promptly. Early intervention can significantly affect the outcome of the case, whether by strengthening a claim or preventing an unwanted transfer of ownership.

How to stop adverse possession?

To avoid adverse possession in England and Wales ensure regular inspections of your property, challenge any unauthorised occupancy, and take legal action promptly if someone is occupying your land without permission. Registering your land and maintaining clear boundaries also help protect against adverse possession claims.

How to claim adverse possession?

To claim adverse possession you must be able to prove you have occupied the land openly and continuously for at least 10 to 12 years, with the intention of possessing the land and treating it as your own while excluding all others including the actual owner; then apply to the Land Registry with evidence of your exclusive use and control. Legal advice is recommended to ensure your claim meets all necessary criteria.

How long does adverse possession application take?

An adverse possession application can take several months to over a year, depending on the complexity of the case and whether the application is contested. The process involves gathering evidence, submitting the application to the Land Registry, and potentially addressing any objections raised by the original owner.