What Happens If Someone Objects My Adverse Possession Application?

Adverse Possession is an application made to the Land Registry by someone who is not the registered owner of a piece of land/property.

In order to make the application, this person would have needed to have exclusive use of the piece of land/property for 10 or 12 years (depending on whether the land is registered or not).

There are 4 requirements that you must meet to make an application:

1. Exclusive use – are you the only person who has used the land/property?
2. Exclusion – do you have evidence that you have had factual occupation of the land/property for 10/12 years? Your application needs to demonstrate that you have had a sufficient degree of exclusive physical control over the land/property, and you have been treating it as the owner might have been expected to.
3. Intention – you must have had the intention to possess the land/property throughout the 10/12 year period, rather than to have just used it.
4. Consent/permission – if you have had consent or permission to use the piece of land then your application will not succeed.

So what happens if I meet the above requirements but someone objects my application?

If your application relates to registered land, once submitted, the Land Registry will notify the registered owner who has 65 days to raise an objection.

If your application relates to unregistered land, once submitted, the Land Registry will serve notices to anyone who may have an interest in the land. The application will be on hold until a day after the notice period expires, which is usually 3 weeks

You can still decide to proceed with your application in light of the objection, or you can withdraw your application. If you decide to proceed and the objector continues to object, you could enter into negotiations. If the negotiations are unsuccessful, the matter could proceed to the land tribunal, which is not only lengthy, but expensive! Therefore, it is important to get the right evaluation of your claim and advice when making such claims.

If you need our assistance with your Adverse Possession application, objecting to an Adverse Possession application or defending an objection, get in touch with our Commercial Litigation team on 0800 088 6004.

At Wilson Browne Solicitors, the first call is always free because we are all the help you need!