Adverse Possession – Exclusive Possession & Physical Control

Adverse Possession is the term used when a party claims ownership of land not because they can produce documents proving they have bought it; had been gifted it or had inherited it; but on the basis they have occupied it for a sufficiently long period of time and meet all the requirements of the legislation relating to Adverse Possession.

There are different rules when seeking adverse possession of registered land as opposed to unregistered land. The majority of land in the UK is registered and the Land Registry Records can be checked by anyone to establish who owns registered land.

Unregistered land is a very different kettle of fish because it is often impossible to be clear about ownership; particularly if you are looking at pieces of land rather than occupied buildings.

For registered land there are several component parts:

You have to be able to show you have been in actual possession for a minimum of 10 years. This is a matter of fact, to be proven by photographs, evidence from local residents; asserting ownership so as to exclude any use of the land by others etc. You must be able to show you had the intention to possess the land throughout the whole period. You must have been in possession without the registered owner's consent. So any period in which permission for your use of the land has been given by the registered owner will not count. Generally speaking the classic example of adverse possession is enclosing a piece of open land with a fence and cultivating it to the exclusion of all others. If that continues for long enough and the real owner has not objected nor given you permission to use the land you would normally have a strong case for having the ownership transfer to you under the adverse possession principles.

Factual possession as far as the Courts are concerned means an appropriate degree of physical control so that the world at large would consider that you owned that land. Normally you would assume that means the erection of a fence; planting a quick growing hedge or some obvious line of demarcation that indicates to others that this is clearly owned by you. You do not have to go as far as explicit signage e.g. "this is my land do not enter".

The Court of Appeal however reached an interesting decision earlier in 2019 in respect of a piece of paved land in the case of Thorpe -v- Frank [2109] EWCA Civ150

Mrs Thorpe purchased the semi-detached bungalow she had resided in as a tenant in 1984. In 1986 she repaved and...

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