Making a Claim for Adverse Possession: What You Need to Know

Have you been using a piece of land for years, maintaining it, improving it, or simply treating it as your own? You might be able to claim legal ownership through the legal principle known as adverse possession. While the process can seem complicated, it’s designed to reward long-term, open, and consistent use of land that has otherwise been neglected or unused.

In this article, we explain everything you need to know about making an adverse possession claim, including how it works, what qualifies, and the steps you need to take to put forward a successful application.

What Is Adverse Possession?

Adverse possession is a legal principle in England and Wales that allows someone to become the registered owner of land they’ve occupied for a long period.

The required period depends on the land type:

• 10 years for registered land
• 12 years for unregistered land

To successfully make a claim, your occupation must be:

• Continuous – you have used the land consistently without interruption.
• Without the owner’s consent – you didn’t have formal permission from the legal owner.
• Open and obvious – your use of the land is visible, not hidden.
• Exclusive – you’ve treated the land as your own, not shared with the owner or the public.

If your use of the land meets these conditions, you may be eligible to make an adverse possession claim.

Who Can Make a Claim for Adverse Possession?

You may be eligible to make a claim if:

• You’ve treated the land as your own, for example, by fencing it, maintaining it, or building structures.
• The legal owner has not objected to your occupation or taken steps to remove you.
• You can provide evidence of long-term, uninterrupted use.

Adverse possession is often used in cases where land is unused, neglected, or disputed, providing a fair solution for occupiers who have consistently cared for the property.

Steps to Make an Adverse Possession Claim

1. Check the Land Status
Before making a claim, determine whether the land is registered or unregistered. You can do this by submitting a Search of the Index Map to HM Land Registry.

2. Gather Evidence
To support your claim, you’ll need proof of your occupation. Useful evidence includes:

• Statutory declarations from yourself and witnesses
• Photographs, maps, or plans showing your use of the land
• Statements from neighbours
• Records of maintenance, improvements, or other work on the land

3. Complete the Application
For registered land, submit the following to HM Land Registry:

• Form ADV1 – Application for adverse possession
• Form ST1 – Statutory declaration
• Supporting evidence
• Application fee

4. Submit Your Claim
Send the completed forms and supporting documents to HM Land Registry.

5. Respond to Objections
The legal owner will be notified of your claim and has 65 business days to object. If they do object, your claim may be rejected unless you meet specific legal criteria.

Frequently Asked Questions

How long does the process take?
The process can take several months, particularly if the legal owner objects.

What if the owner objects?
You may need to pursue the matter through the First-tier Tribunal if the objection cannot be resolved.

Can I speed up the process?
HM Land Registry may consider requests for expedited processing in urgent cases, but these are only accepted under specific circumstances.

Need Help With Your Adverse Possession Claim?

Adverse possession law is technical, and navigating a claim can be challenging. If you believe you have a valid claim, our Property Litigation team can guide you through the process and help protect your rights.

Contact Jennifer Eaton and the Property Litigation team today:

Phone: 023 8063 9311
Email: enquiries@warnergoodman.co.uk