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.

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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.

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Why Choose Franklins Solicitors for Adverse Possession

With deep expertise in commercial land matters, our solicitors bring clarity to complex cases. We work quickly and diligently to either secure rightful ownership or defend your interests, always with your commercial objectives front of mind.

Detailed Documentary Review
Historic Land Use Evidence
Title Rectification
Risk to High Value Commercial Assets