Ask the Legal Expert: I have been occupying and maintaining some land for many years - can I claim it as mine?

Land disputes commonly imply a dispute between neighbours of the boundary line between their properties and can be a very common source of contention between neighbours. However, in practice land disputes can encompass various matters, including encroachment, disputes over easements/rights of way and ownership disputes. 

For example, you may have been maintaining an area of land for over 20 years and you consider that the land should be registered to you as a result. This is a familiar occurrence in our Property Litigation team here at JCP, and we are well-equipped to deal with such matters.

Adverse Possession refers to the process by which a person or persons may gain title to an area of land that they have been occupying and maintaining without the consent of the owner(s). If you feel that you may be able to make a claim for adverse possession, it is essential to recognise the requisite criteria for a successful claim.

1. Currently, the minimum length of time an adverse possessor must occupy the land in order to gain title is either 10 or 12 years. Generally, for registered land it is 10 years, and for unregistered land the period is 12 years. Many adverse possession claims fail at this stage as the burden of proof is on the party seeking to claim adverse possession that they have been in occupation for at least the minimum amount of time. This evidence can include photographs and witness evidence.
2. The land must be occupied singularly and wholly by the person(s) claiming adverse possession. This is referred to as ‘factual possession.’ In addition, the adverse possessor must be dealing with the land in a way which would be expected of an owner-occupier, at the exclusion of the landowner. A claim is very likely to fail if the owner of the occupied land is able to access it. Strong fencing, for example, is indicative of factual possession but is not by itself conclusive.  
3. The adverse possessor must be able to demonstrate that there is an intention to possess. This does not refer to an intention to own the land or acquire ownership, but only the intention to exclude others generally, including the owner. This must be done in their own name and must not exceed the restrictions of the law. Examples of ways one could express such intention are by installing locks, gates, fences, and caging.  
4. As the name suggests, for an adverse possession claim to succeed, access to the relevant land must not be enjoyed under a lawful title or with the permission of the landowner. This permission does not need to be in writing but can be made orally.  Even where someone has occupied initially by way of a licence, but has not paid any licence fee or had any contact with the landowner for 20 years and has fenced in the land, can be enough to defeat a claim for adverse possession. 

Overall, succeeding in a claim for adverse possession can be difficult. However, our Agricultural and Property Litigation team are both skilled and highly experienced in adverse possession matters.

Please do not hesitate to get in touch in order to discuss your matter on 03333 208644 or hello@jcpsolicitors.co.uk