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I have been using a strip of land at the back of my property for ten years. Can I now claim it as my own?
I have lived in my property for ten years. At the back of the property is a strip of land which I have maintained and used as a garden and parking space. I have asked the Land Registry and they have confirmed that it is unadopted land. Can I now claim this land as my own?
We assume from the enquiry that you have made of the Land Registry that they have informed you that the land is unregistered. In order for you to obtain title by adverse possession in respect of unregistered land, the Land Registry would not proceed with an application unless they believe it is more likely than not from the evidence produced to them, that:-
1. The squatter has factual possession of the land
2. The squatter has the necessary intention to possess the land
3. The squatter's possession is without the owner's consent
4. All of the above have been true of the squatter and any predecessors through whom the squatter claims for at least twelve years prior to the application.
Factual possession signifies an appropriate degree of physical contract. It must be a single and exclusive possession, although the question as to what constitutes a significant degree of exclusive physical control must depend on the circumstances. Upon receipt of an application by the Land Registry they will serve notice on any person who, from the information available or from their local knowledge, may have an interest in the land. The purpose of the serving of such a notice is to give an opportunity for objection in a case where they have decided to approve registration if there is no reply.
In the event that the land in question is in fact registered, then different rules apply, in which circumstances the squatter will be entitled to apply to be registered as proprietor after ten years adverse possession.
On application to the Land Registry they will give notice to the registered proprietor that that application if opposed will be rejected.
In the event of the application being rejected but you remain in adverse possession for a further two years, then you would be able, subject to certain exceptions, to reapply to be registered as proprietor and this time you will be so registered whether or not anyone opposes the application.
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