Adverse Possession of Registered Land

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An adverse possession claim can be made against registered land, however it is more difficult than claiming unregistered land. It is also worth noting that since the introduction of the Land Registration act 2002 it has become more difficult to perform an adverse possession claim.

To claim adverse possession, or squatter's rights on registered land or property, you must file an ADV1 application with the Land Registry with, among other documents, a statutory declaration, essential a statement. An adverse possessor ( disseisor) is entitled to make such an application 10 years after taking possession of the land or property.

Upon receipt of the ADV1 application, HM Land Registry will notify the proprietor of the property and anyone with a registered charge or interest. Notified individuals have a statute defined period to object to the ADV1 application. If no objection is received the possessor will be registered as the proprietor of the title (property or land).

If the ADV1 is objected to by those notified, the titled owner has 2 years to evict the possessor (applicant). If the titled land remains adversely possessed by the disseisor (applicant) for this further 2 years, a subsequent ADV1 can be filed. This application cannot be objected to and title will by default pass to the disseisor.

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