When a person occupies a land for a fixed period of time, he gets a chance to own the property without paying any compensation. This process of acquiring the land without being the registered owner is called as ‘Adverse Possession’
This article explains in detail about adverse possession:
How long should you possess the land?
In order to get the right of adverse possession, a person ought to physically possess the property for a span of 10 years. There are many aspects related to these possession issues which have great importance. Authorities like SRA get thousands of applications regarding this subject every year. Only around half of these applicants are successful with their claim.
What type of land will get the claim?
Anyone who has the possession of a particular land over 10 years has the eligibility to claim adverse possession. All kinds of lands, those which are used for agricultural, commercial as well as residential purposes, come under this law. However, the fact is that the majority of applications are on residential lands. It is common to have some disagreement or arguments regarding the boundary of these lands. Because of this reason, it is essential to get support from a good conveyancing solicitor to make the process smooth and easy.
Some important factors
There are few significant factors that are very valuable in adverse possession claims. Time is one of the factors that are very crucial here. The period in which all the steps are processed, by both the original owners as well as the possessors are important. The original owner of the land must be very alert about the possession period so that he can avoid the risk of losing the property. Usually the possessor will be very alert to stay silent until the required time limit passes and so that they achieve the advantage.
Only an experienced and expert conveyancing solicitor specialised in adverse possession can get the right results. Mainly there are two factors that must be made clear and proven.
Firstly, the continuous possession of the particular land without any interruption for 10 years. The possession for this period must be truthful and realistic. If the property is leasehold, you may require up to 12 years of possession to make the person eligible for claiming the adverse possession. It is also essential to note that the period of possession of the land must not be a part of any legal contract with the original owner.
Secondly, circumstances of the possession should also be considered. The possessor should have kept the possession over the land intentionally. In case the possessor has occupied the land by mistake, the claim may not be valid.
Seek the help of an expert property conveyancing solicitor
Support and services of an experienced and specialised legal service will be of great advantage while claiming for or against an adverse possession. Apart from getting the claim approved or defending the claim effectively, there are other related issues that should be handled well to avoid further difficulties. Get advice from an experienced professional lawyer to avoid running into complex troubles. The experience and skills in providing great support for mediation, cost protection and negotiation must be given priority.
Photo courtesy: Cletch
