How can I claim land?

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An adverse possession claim can be made against registered land, it must be noted however that it is more difficult than claiming unregistered land, it has also become more difficult due to the Land Registration act 2002.

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

Upon receipt of the ADV1 application the Land Registry will notify the proprietor of the property and anyone with a registered charge or interest, they have a statute 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 proprietor has 2 years to evict the possessor. If the titled land remains adversely possessed by the disseisor for this further 2 years, a subsequent ADV1 can be filed. This application cannot be objected to and title will pass to the disseisor.

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