Acquiring Ownership To Land By Possession: Is Possession Really Nine-tenths Of The Law?

• Published date: 24 November 2020
• Subject Matter: Real Estate and Construction, Real Estate
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Stephanie Hepburn

It is often said that possession is nine-tenths of the law - but is it? In this article, we will look at when it may be possible to acquire title to land through possession and dispel the myth that possession alone of any area of land for a period of 10 years acquires an unchallengeable title - the "finders-keepers" principle is indeed only nine-tenths of the law.

Ownerless property

How do you acquire a right of prescriptive possession to land when the true owner can't be found? It's possible for another person to grant you a right to an area of land even though they don't have title to it. This is known in Scots law as an a non domino disposition. Making an application to Registers of Scotland for acceptance of an a non domino disposition is known as a "prescriptive claimant application" and there are a number of steps which must be followed. The application presented needs to be right first time or else it will face rejection.

Possession for one year

The first requirement before...