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ARTICLE · 23 SEPTEMBER 2019

Adverse Possession – Exclusive Possession & Physical Control

Herrington Carmichael LLP
Herrington Carmichael LLP
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Herrington Carmichael LLP

Herrington Carmichael LLP

The origins of the practice can be traced back over 180 years in Wokingham and 150 in Aldershot. It...

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Adverse Possession is the term used when a party claims ownership of land not because they can produce documents proving they have bought it

United KingdomLitigation, Mediation & Arbitration

Adverse Possession is the term used when a party claims ownership of land not because they can produce documents proving they have bought it; had been gifted it or had inherited it; but on the basis they have occupied it for a sufficiently long period of time and meet all the requirements of the legislation relating to Adverse Possession.

There are different rules when seeking adverse possession of registered land as opposed to unregistered land. The majority of land in the UK is registered and the Land Registry Records can be checked by anyone to establish who owns registered land.

Unregistered land is a very different kettle of fish because it is often impossible to be clear about ownership; particularly if you are looking at pieces of land rather than occupied buildings.

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