Adverse Possession

Squatting is when someone enters private property without permission in order to live there. It is important to act fast to evict squatters and remove them from your property:

  • Unwanted occupants constitute a nuisance and may inflict damage on your property;
  • If unwanted occupants settle for over 10 years, they may take control of the land and even apply for ownership through adverse possession (sometimes referred to as ‘squatters’ rights’).
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I am a Partner at Naylor Solicitors, a law firm specialising in property disputes and resolution. I would be delighted to assist with any queries you may have. Please get in touch to arrange a no obligation consultation.

James Naylor
Partner

How does adverse possession arise?

To acquire land by adverse possession:

  • The squatter must have factual possession of the land without the owner’s consent for the necessary period; and
  • The squatter must have the necessary intention to possess the land.

The likelihood of success of an adverse possession claim will depend on the particular facts. We can provide tailored legal advice about your particular case, including advising on the merits of such a claim.

What is the process of an adverse possession claim?

The rules concerning adverse possession vary depending on whether the land is registered or unregistered.

For registered land, a squatter will need to be in possession of a piece of land for at least 10 years before applying to the Land Registry to become the legal owner. After the application has been made, the registered owner will be notified and will be given the opportunity to oppose the application.

The rules concerning adverse possession are complicated, and the facts of how the land has been possessed are often vital. We can act for those making or defending a claim, as well as providing expert legal advice about your particular case.

How do I remove squatters from my property?

It is a criminal offence to use or threaten to use force to remove someone from your property.

There are two routes to recovering possession:

  • An interim possession order (IPO);
  • A claim for possession.

If there is a threatened trespass, it may be possible to seek an injunction to prevent the trespass entirely.

It is important you act fast and evict squatters as a matter of urgency. We can assist with the IPO, the claim for possession or the injunction, as well as providing expert legal advice about your rights and restrictions in your particular case.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

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