Adverse Possession
What it means
“I know that navigating property disputes can be daunting. That’s why I pride myself on providing a personalised and strategic approach to every case. I’m here to guide and support you every step of the way.”
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’).
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. As adverse possession solicitors, 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.
With you every step of the way
We’re here to take your side, guide you through the intricacies of litigation, resolve disputes efficiently and help you achieve the best outcome for you.
Why clients choose us
Clear advice you can trust
I used Naylor as my solicitor in my possession claim case. It was very complicated due to a rent-to-rent and defaulting agent case with changing solicitors in the past. Jenny and Dominika provided top-notch services along the way and helped me finally regained the property. They gave legal advice truly in client’s interest and explained things in details. I would highly recommend you using them esp. when you face a complicated case.
Xuan Xiang
Private Client