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Adverse Possession Solicitors - VWV Law Firm

Adverse Possession

Experienced Adverse Possession Solicitors

The rules on adverse possession are complex and timing is critical for both landowners and persons in possession.

Our property litigation solicitors are experienced in supporting land owners successfully navigate adverse possession claims.

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What is Adverse Possession?

A person who is not the legal owner of land can become the legal owner by possessing the land for a certain period of time. This is known as acquiring the land by adverse possession.

There are two regimes in England and Wales. The regime used depends on whether the land is registered or unregistered and when the period of possession is said to have accrued.


Are You Entitled to Make a Claim?

In any claim for adverse possession, the applicant must show:

  • they have been in continuous possession of the land for the requisite period (at least 10 or 12 years depending on the regime used) without permission of the owner
  • they intended to possess the land for the period of possession

The person in possession must have had exclusive physical control of the land. This generally means that they should have dealt with the land as though they were the owner of it eg by fencing it off.

If the period of possession is interrupted or there is any indication that the legal owner consented to the person being in possession, this may defeat an adverse possession claim.

In addition, the person in possession must also prove that they intended to exclusively possess the land during the relevant period.


How Can We Help?

You may be entitled to become the legal owner of land if you meet the above requirements. If this is the case, you should seek legal advice from our adverse possession solicitors, to promptly to protect your position.

Conversely, if you are a landowner, we can advise you on documenting your consent to occupation of anyone on your land through a formal tenancy or licence, in order to ward off potential claims.

Our experienced adverse possession solicitors can support you with:

  • establishing whether you have a claim
  • protecting your land from potential claims
  • contesting a claim for adverse possession

If you need specialist legal advice on adverse possession from our experienced property litigation solicitors, please contact Michelle Bendall on 0117 314 5326, or complete our contact form below.

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The team's real strength lies in the fact that everyone takes a very commercial approach towards litigation, realising that sometimes a good settlement may be worth more to a client than a judgment from a court.

  • Legal 500 | Property Litigation Team

Meet the Team

Our property litigation solicitors can assist you with the full range of property disputes and are based across our offices in London, Watford, Bristol and Birmingham.

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Michelle Bendall - Partner & Property Litigation Solicitor - VWV Law Firm
Partner

Property Litigation

Landlord & Tenant Matters

Public Sector

 

Laura Seaman - Partner & Property Litigation Solicitor in Watford - VWV Law Firm
Partner
Katie Hickman - Property Litigation & CPO Solicitor in London - VWV Law Firm
Partner