Adverse Possession

Adverse Possession

At Franklins Solicitors, our Commercial Property team provides strategic, precise advice on all aspects of adverse possession to help protect your rights and interests.

At Franklins Solicitors, our Commercial Property team provides strategic, precise advice on all aspects of adverse possession to help protect your rights and interests.

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What is Adverse Possession?

Adverse possession is a complex legal process that allows a person to acquire legal ownership of land or property they do not hold legal title to, by occupying it without the permission of the true owner over a defined period of time.

In essence, adverse possession is the legal method of acquiring title to land through continuous, exclusive and uninterrupted occupation, often known as “squatters’ rights.” The specific rules depend on whether the land is:

  • Registered with HM Land Registry, subject to a 10 year possession rule
  • Unregistered land, subject to a 12 year possession rule under the Limitation Act 1980

If the required criteria are met, an application can be made to the Land Registry for legal ownership of the land. The true owner will have an opportunity to oppose the application.

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Our Adverse Possession Services

We advise both claimants and landowners in adverse possession cases, offering support at every stage:

For Claimants

  • Reviewing Your Use and Occupation to Assess Eligibility for a Claim

  • Preparing and Submitting Your Application to HM Land Registry

  • Responding to Objections or Challenges Raised by the Landowner

  • Advising on Required Statutory Declarations and Evidence

For Landowners

  • Serving Counter-notices and Gathering Evidence of Title or Use

  • Advising on Prevention Strategies, Such as Fencing, Signage and Inspections

  • Reviewing Title Plans and Boundaries to Identify Risks

  • Assessing and Opposing Claims to Your Land

Speak to our Commercial Property Team

Whether you’re acquiring, selling, leasing or assigning, our commercial property solicitors are here to guide you through every step.

Contact

Jo Pusey

Associate Partner

Denise Watson

Associate Partner

Commercial property

Why Choose Franklins Solicitors for Adverse Possession?

Detailed Documentary Review

Our team conducts a meticulous examination of deeds, title registers, plans, and supporting documents to establish the strength of your claim and identify any gaps in evidence that could impact your case.

Historic Land Use Evidence

We analyse aerial photography, maps, and witness statements to build a clear picture of how the land has been used over time, providing vital support in demonstrating continuous occupation or possession.

Title Rectification

Where land ownership records are incomplete or disputed, we guide you through the title rectification process, ensuring the Land Registry reflects your rightful interest in the property.

Risk to High Value Commercial Assets

For businesses and developers, adverse possession claims can present significant financial exposure. We provide expert advice to mitigate risks and protect high-value commercial sites from potential loss.