Adverse possession

Adverse possession

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Adverse possession is a way of acquiring rights over land following a period of occupation and is commonly known as “squatters’ rights”. We have experience in acting for both those seeking to assert rights over land following a period of occupation and those attempting to defeat a claim being made in connection with their land.

In order to be entitled to bring a claim for adverse possession the person in possession of the land must be in factual possession of the land, have the necessary intention to possess the land all of which must be without the true owner’s consent. If these criteria are satisfied it may be possible to bring a claim for adverse possession. However, the procedure for obtaining title to the land differs depending upon whether the land is registered land or unregistered land and how long your period of occupation has continued.

If you think you may have a claim for adverse possession or if you discover that land you own is being occupied without your consent it is important to seek advice on this complex area of law as soon as possible. For more information please arrange a consultation with one of our partners who will be able to advise you of your rights and the procedure for making or defending a claim for adverse possession.

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