Legal Question in Real Estate Law in United Kingdom

Re: squaters

What is often called squatters rights is technically known as adverse possession. Someone in adverse possession may be entitled to make an application to be registered as the owner of the property.

If the title to the land in question is unregistered then a statutory declaration providing evidence that you have been in occupation for a minimum of 12 years is required.

If the land is registered the application is dealt with under a new procedure under the Land Registration Act 2002 and in these circumstances a period of 10 years occupation is required.

In either case there must be both the intention to possess the land accompanied by the factual possession of it. If there is a dispute about the registration then the Land Registry can refer it to the Office of the Adjudicator.

A person who is entitled to make an application to the Land Registry who is in adverse possession has a defence to a claim for possession by the alleged owner.

You can wait for the authority to make a claim for possession and then defend it but you would be better advised to make an application to the Land Registry to register your title. Any dispute is then more likely to be referred to the adjudicator than to a court of law. The reason that this could be an advantage is that costs before the adjudicator should be lower than in a court ca