Registration by way of Adverse Possession: Get the timing right

The statutory time period of occupation of land required before submitting any claim for registration by way of adverse possession varies depending on whether or not the land the applicant is claiming is registered or unregistered.

It can be tricky to establish the right time period required.

If the land is unregistered, you must have been in occupation for 12 years.

If the land is registered, the time period during which you must have been in occupation before you can submit an application (which is capable of success) will vary depending on when your occupation first commenced due to the introduction of the Land Registration Act 2002.

This will be either 10 years or 12 years.

The timing is not the only element to consider when submitting a claim for registration by way of adverse possession.

Each case will be assessed on its own merits.

For guidance or to discuss a potential claim, please contact Chloe May.

Fill out our Adverse Possession enquiry form or call Chloe May on 01604 887455.

Frequently asked questions.