³ÉÈËÓ°Òô

View the related practice notes about Eleemosynary corporation

Establishing adverse possession of land

Establishing adverse possession of land This is one of four Practice Notes on adverse possession. The others are: • Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 • Claiming title by adverse possession under the Land Registration Act 2002 • Adverse possession and leases Introduction Adverse possession of land is possession of land in circumstances which are inconsistent with the title of the true owner. The person in adverse possession (referred to in this Practice Note as ‘the squatter’) must prove factual possession (see Factual possession below) accompanied by an intention to possess (see Intention to possess below). The squatter’s adverse possession must be uninterrupted for the required period (see Required period of adverse possession below). Although the elements of factual possession and intention to possess are distinct, evidence in support of them may be found in a single act. For example, erecting a fence which excludes everyone but the squatter (see Uses of land which may amount to adverse possession...