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Adverse Possession in United Kingdom

Definition of Adverse Possession

In accordance with the work A Dictionary of Law, this is a description of Adverse Possession : The occupation of land to which another person has title with the intention of possessing it as one’s own. The adverse possessor must occupy the land as if he were entitled to it to the exclusion of all others, and must intend to occupy it as his own. Both these factors must be evidenced by the use made of the land; for example, cultivation, fencing, etc. Equivocal acts, such as use of the land for grazing animals from time to time or allowing children to play on the land, will not be sufficient. After 12 years’ adverse possession, the original owner’s title becomes statute-barred by the Limitation Act 1980, and he cannot recover his land from the adverse possessor. The adverse possessor becomes the lawful owner (a squatter’s title), and is entitled to be registered as such. The law on adverse possession is frequently used to cure small discrepancies in the plan attached to a transfer of land, and the actual position of boundaries on the ground, but it can also be used to obtain ownership of large areas of land.

See also possessory title.

Adverse Possession End of Tenancy Case Law

  • A selected English Real Property Law Case in relation with adverse possession end of tenancy may be: Mitchell v Watkinson [2013] EWHC 2266
  • Year of the above case: 2013

Adverse possession in the Context of Mortgages

The acquisition of title to property through possession without the owner’s consent for a certain period of time.

Similar Terms

Possession

Possession

When a buyer signs the papers and receives the keys to the house, they officially take possession.

Repossession

Repossession

Usually occurs after a borrower seriously defaults on payments. The lender then legally evicts the borrower and usually auctions the property to recover losses.

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(2017, 01). Adverse Possession lawi.org.uk Retrieved 01, 2021, from https://lawi.org.uk/adverse-possession/

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S. Nield, 'Adverse Possession' (lawi.org.uk 2017) <https://lawi.org.uk/adverse-possession/> accesed 2021 January 22

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Schema Summary

  • Article Name: Adverse Possession
  • Author: S. Nield
  • Description: Definition of Adverse Possession In accordance with the work A Dictionary of Law, this is a description of Adverse [...]

This entry was last updated: January 11, 2017

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