Adverse Possession

Adverse Possession. I need advice on gaining title to land in the UK by adverse possession can you help?

Certainly, I can help you with your query on adverse possession in the UK. Adverse possession is a legal principle that allows someone who has occupied and used land for a certain period of time to claim ownership of that land, even if they do not have a legal title to it.

Before starting the process, it is important to note that adverse possession can be a complex and contentious area of law, and seeking legal advice is strongly recommended.

That being said, there are a few key requirements that must be met in order for adverse possession to be successful:

Actual Possession: The claimant must have had actual physical possession of the land, and not just a mere right to possession. This means that the claimant must have been physically present on the land and using it as an owner would.

Exclusivity: The claimant must have had exclusive possession of the land, meaning that they must have had control over the land to the exclusion of all others, including the legal owner.

Continuous Possession: The claimant must have had continuous possession of the land for a specified period of time, which is currently 10 years in the UK.

Intention: The claimant must have had the intention to possess the land as an owner would. This means that they must have intended to exclude others from the land and to treat it as their own.

If these requirements are met, the claimant may be able to make an application for adverse possession to the Land Registry. However, it is important to note that the legal owner of the land will be notified of the application and will have the opportunity to object to it.

I hope this information helps. Let me know if you have any further questions.

I'd like to clarify a step in this process and ask for some advice on a search I carried out 2 years ago. Can you confirm whether I did the right thing in conducting a search through the Land Registry (SIM) whereby I indicated the area in concern by way of indicating the "boundary" on an Ordnance Survey Map and supplying a ST1 form (Statement of Truth in support of an application for registration based on adverse possession)?

Yes, conducting a search through the Land Registry (SIM) by indicating the area in question and supplying a ST1 form (Statement of Truth in support of an application for registration based on adverse possession) is a proper step to take in the process of acquiring title by adverse possession. This will help you identify whether the land in question is registered with the Land Registry and whether anyone else has a claim on it.

It's important to note that the search through the Land Registry is not always conclusive and there may be other factors that could affect your claim to the land. It's recommended to seek professional legal advice to help you navigate the process and ensure that your claim is valid and legally binding.

Regarding your search from two years ago, it's important to make sure that the information is still up to date and accurate. You may need to conduct a new search or update any relevant information if necessary before submitting your application for registration based on adverse possession.

Does the claim have to be attached to an adjoining property or can it be a stand alone claim whereby the title can be separate to the adjacent property?

Adverse possession claims can be made for standalone land or land attached to an adjoining property. It is not a requirement that the land is attached to another property for a claim to be made.

However, if the land is adjacent to another property, it is possible that the legal owner of that property may have a claim to the land. This could be the case if the legal owner has a right to access the land or if there are other legal interests in the land that are linked to the adjoining property.

It is also worth noting that if the land is registered with the Land Registry, the legal owner will be notified of any adverse possession application and given the opportunity to object. If the land is unregistered, the legal owner may not be aware of the adverse possession claim until it is too late.

In any case, adverse possession claims can be complicated, and it is strongly recommended that you seek legal advice before making a claim.

I have contacted the Land Registry and conducted a search on the piece of land in question and it came back with the response “no title registered” what would be my next step?

If a search of the Land Registry records has revealed that there is no registered title for the land in question, it means that the land is likely to be unregistered. In this case, you may be able to claim adverse possession of the land if you meet the other requirements for a successful claim.

However, it is important to note that the absence of a registered title does not necessarily mean that the land is unowned or abandoned. There may still be a legal owner of the land who has not registered their title. If you claim adverse possession of the land, the legal owner may object and dispute your claim.

Therefore, before making any claim, it is strongly recommended that you conduct further investigations to establish whether there is an owner of the land, and whether they have any legal interests or rights to the land. This could involve conducting a search of historical records, speaking to neighbors and local authorities, and seeking legal advice.

If you are satisfied that the land is indeed unowned and you meet the requirements for adverse possession, you can start the process by taking possession of the land and using it continuously for the specified period of time (currently 10 years). After the 10-year period, you can make an application to the Land Registry to have the title transferred to you.

Again, I must emphasize that adverse possession claims can be complex and it is highly recommended that you seek legal advice before proceeding with any claim.

Following on from that above point this is the response I received from the Land Registry (SIMR) at the time 2 years ago "No registered estate, caution against first registration or application for first registration or application for a caution against first registration is shown on the index map in reltion to the property. We therefore hold no records in respect of the Property". Could you explain more detail what this means please? 

This response means that the Land Registry has conducted a search of their records and has found that there is no registered title for the property in question. This could mean that the property has never been registered with the Land Registry, or that any previous registration has been cancelled or withdrawn.

The caution against first registration or application for first registration means that there may be someone else who has already made an application for registration of the property, or who has claimed an interest in the property, and therefore a caution has been lodged to prevent any other applications from being made until the matter is resolved.

In summary, the response indicates that the property is currently unregistered and there is no record of any applications or cautions against registration.

OK. It then goes on to say "The plan lodged with your application for a search of the index map has been accepted for this application. Any statement of disclaimer has been disregarded as it is assumed it was not intended to apply for the purposes of the application. Please note that the acceptance of he plan does not necessarily mean that the same plan would be accepted if subsequently used for another application. All plans lodged with a Land Registry application should comply with the guidelines in Land Registry's Practice Guide 40, Supplement 2. Lodging a plan which does not comply with the guidelines may result in requisitions being raised, (such as a request to delete a statement of disclaimer) or the application being cancelled."    Could you explain in more detail what this means also please?

This message is simply acknowledging that the Land Registry has received your application and that they have accepted the plan that you provided with your application. However, they also want to make it clear that just because they accepted the plan for this application, it does not mean that the same plan will be accepted for any future applications you make.

They also want to remind you that all plans submitted with a Land Registry application must comply with the guidelines set out in their Practice Guide 40, Supplement 2. Failure to comply with these guidelines may result in the Land Registry raising requisitions or cancelling your application.

In essence, this message is just a standard notification to let you know that they have received your application and that they will review it according to their standard procedures.

What form do I need to make a claim?

To make an adverse possession claim in the UK, you will need to complete and submit an application form to the Land Registry. The form you need will depend on whether the land in question is registered or unregistered.

If the land is registered, you will need to complete Form ADV1, which is the application to be registered as the owner of land by adverse possession. This form can be downloaded from the Land Registry website or obtained by contacting the Land Registry.

If the land is unregistered, you will need to complete Form ADV2, which is the application to be registered as the first registered owner of land where a right to be registered has been acquired by adverse possession. This form can also be downloaded from the Land Registry website or obtained by contacting the Land Registry.

Both forms require you to provide detailed information about your claim, including the dates and nature of your possession of the land, and any evidence to support your claim. The forms also require you to declare that you have met the legal requirements for adverse possession.

It is important to note that the application process can be complex and it is strongly recommended that you seek legal advice before making any claim. The Land Registry may also require further evidence or information to support your claim, and may notify the legal owner of the land of your application, giving them the opportunity to object.

Where I do obtain form ADV2?

You can obtain Form ADV2, which is the application to be registered as the first registered owner of land where a right to be registered has been acquired by adverse possession, from the Land Registry website.

Here is the direct link to download the form: https://www.gov.uk/government/publications/adverse-possession-of-registered-land-form-adv2

Alternatively, you can contact the Land Registry and request a paper copy of the form to be sent to you by post.

On the ADV2 form in particular section 10. It states “This panel must set out the nature of the applicant's interest. Do not attach any documents.”  And 10. Statement of truth. Could you give me some guidance on what to put here please?

Section 10 of Form ADV2 requires you to provide a statement that sets out the nature of your interest in the land, as well as a declaration that the information you have provided is true and accurate to the best of your knowledge and belief. This statement is also known as a Statement of Truth.

In this section, you should provide a brief description of your interest in the land. For example, if you have been using the land for a certain period of time without permission, you could state that you have been in continuous possession of the land for X number of years.

The Statement of Truth should be completed and signed by you, the applicant. By signing the statement, you are confirming that the information you have provided in the application is true and accurate to the best of your knowledge and belief. You should ensure that you have provided all the necessary information and evidence to support your claim, as false or misleading information can result in your application being rejected or even lead to legal consequences.

It is important to note that making a false declaration is a criminal offence and can result in prosecution, so you should only sign the statement if you are sure that the information you have provided is true and accurate.

If you are unsure of how to complete this section, it is recommended that you seek legal advice to ensure that your application is accurate and complies with the Land Registry requirements.

As a way of supporting evidence for the claim is there a way of showing the land in question and the erection of a fence (at some point in the past) and the date said fence appeared by using archived images from Google Earth?

Using archived images from Google Earth can be a useful way of providing evidence to support an adverse possession claim, particularly if the images show the land and any physical changes that have taken place over time, such as the erection of a fence.

However, it is important to note that the Land Registry may require additional evidence to support your claim, and archived images alone may not be sufficient. Other types of evidence that could be useful to provide include witness statements from neighbors or other parties who can confirm your possession of the land, photographs of the land and any structures on it, and any documentation relating to your use of the land, such as utility bills or council tax statements.

It is also important to ensure that any evidence you provide is accurate and can be verified, as false or misleading evidence can harm your claim and may result in legal consequences. If you are unsure about what evidence to provide or how to present it, it is recommended that you seek legal advice to ensure that your claim is well-supported and complies with the Land Registry requirements.

How do I access archive images from Google Earth for this particular location?

To access archived images from Google Earth for a particular location, follow these steps:

1.    Open Google Earth on your computer or device.
2.    Enter the address or location of the land you are interested in viewing in the search bar at the top left of the screen.
3.    Use the zoom controls to zoom in and position the view to the area you are interested in.
4.    Click on the clock icon in the top left corner of the screen. This will open the time slider.
5.    Use the time slider to select a date range for the images you want to view. The available dates will appear as vertical bars on the slider.
6.    As you move the slider, the imagery will change to show the view for the selected date range.

Note that not all areas will have archived imagery available, and the quality and frequency of imagery may vary depending on the location. It's also important to ensure that you have permission to use any images you download or share, as Google Earth's terms of use may restrict certain types of use.

OK. I have completed and sent ADV2 Form what will the next step be from the Land Registry and time scale?

Once the Land Registry receives your completed ADV2 form and fee, they will review your application to determine whether it meets the requirements for adverse possession. They may contact you if they need additional information or clarification on any aspect of your claim.

If your application is successful, the Land Registry will update the register to reflect your ownership of the property. However, if your claim is disputed or there are issues with the evidence you have provided, the Land Registry may reject your application or require further action from you.

The time frame for the Land Registry's review of your application can vary depending on a number of factors, such as the complexity of the claim, the volume of applications being processed, and any additional information or evidence required. It's difficult to give a specific time frame, but the Land Registry's website states that they aim to process straightforward applications within 8 weeks of receipt.

I'm curious as to how much this plot of land would be worth? The measurements are 68 feet long x 30 feet wide. Could you give me a rough estimate as to how much this would be valued at in the area of Crook, County Durham? Post code is DL15

I do not have access to real-time property data or market information, and therefore cannot provide an accurate estimate of the value of a specific plot of land.

However, you may be able to obtain a rough estimate by looking at recent sales of similar sized plots of land in the same area, or by consulting with a local real estate agent or appraiser who can provide a professional valuation. Keep in mind that there are many factors that can impact the value of a piece of land, such as location, accessibility, zoning, development potential, and market demand, among others.

OK. So to summarise all of the above points made in the entirety of this thread I am now waiting for the decision of the Land Registry as to whether my application to gain registered title of this piece of land. Is it simply a case that my response will be either successful (and if so what will their response and next step be) or that I will be unsuccessful (and again what will their response be and will it contain any guidance as to what I could do to re-apply)? Could you give guidance on both possible outcomes please?

Yes, you are correct. You are now waiting for the Land Registry to make a decision on your application for adverse possession of the land.

If your application is successful, the Land Registry will issue a new title certificate for the land in your name. This means that you will become the legal owner of the land, and the Land Registry will update their records accordingly.

If your application is unsuccessful, the Land Registry will provide you with a letter explaining why it was rejected. This could be due to a variety of reasons, such as insufficient evidence of possession or an objection from the true owner of the land. The letter will also include information on how to appeal the decision, should you wish to do so.

It's worth noting that if your application is rejected, you may still be able to make a fresh application at a later date, provided you can gather additional evidence to support your claim of adverse possession.

Just going back to the point below and the fact I am now waiting to here back from the Land Registry "If your application is unsuccessful, the Land Registry will provide you with a letter explaining why it was rejected. This could be due to a variety of reasons, such as insufficient evidence of possession or an objection from the true owner of the land. The letter will also include information on how to appeal the decision, should you wish to do so.

It's worth noting that if your application is rejected, you may still be able to make a fresh application at a later date, provided you can gather additional evidence to support your claim of adverse possession." Could the fact that the area of land in question does not have a perimeter fence all the way around mean that the application is rejected? Or is the fact the land can be seen on Google Earth views for more than 12 years to be partly fenced and in use be enough to be successful?

The fact that the area of land in question does not have a perimeter fence all the way around may be a factor that the Land Registry takes into account when considering your application for adverse possession. However, this is unlikely to be the sole reason for rejection, as there are other factors that can be taken into account, such as the use and occupation of the land over a period of time.

If the land can be seen on Google Earth views for more than 12 years to be partly fenced and in use, this can be strong evidence to support your claim of adverse possession. However, it's worth noting that the Land Registry will consider all of the evidence provided in your application, and may request additional evidence or information if necessary.

Ultimately, whether or not your application is successful will depend on a range of factors, including the evidence provided, the policies and regulations of the Land Registry, and any objections or queries raised during the assessment process. If your application is rejected, the Land Registry will provide you with information on how to appeal the decision, and you may still be able to make a fresh application at a later date with additional evidence to support your claim of adverse possession.

Meanwhile, I've been doing a bit of maintenance and development on this plot of land. Click here for the latest photo gallery of evidence.

Been doing some measuring:-

Convert these please length 69ft width 29ft 1 inch

Sure! I can convert those measurements from Imperial to Metric:

Length:
69 feet = 69 * 30.48 cm = 2103.12 cm = 21.0312 meters

Width:
29 feet 1 inch = (29 * 30.48) + 2.54 cm = 883.92 cm + 2.54 cm = 886.46 cm = 8.8646 meters

So, the converted measurements are:
Length: 21.0312 meters
Width: 8.8646 meters

If I was going to use these dimensions to plot some 3D drawings which application should I use? Also can I start off by planning in an application I am familiar with (like Microsoft Excel or Adobe Illustrator?)

To create 3D drawings, there are several applications you can use. Some popular ones are:

1.    SketchUp: A user-friendly and powerful 3D modeling software suitable for beginners and professionals alike. It offers a free version with basic features, as well as a paid version with more advanced capabilities.

2.    Blender: A free and open-source 3D modeling and animation software that is more advanced and has a steeper learning curve but offers a wide range of tools and features.

3.    Autodesk Fusion 360: A professional-grade cloud-based 3D modeling software that is widely used in the engineering and industrial design fields. Fusion 360 offers a free version for personal use, as well as paid subscriptions for more advanced features.

Regarding starting with Microsoft Excel or Adobe Illustrator, while these programs are not designed specifically for 3D modeling, you can use them for initial planning and sketching of your design. Both programs have powerful tools for creating and manipulating 2D shapes, which can be helpful in defining your design's dimensions and layout before moving on to a 3D modeling software.

In Excel, you can create a grid to represent your dimensions and use the drawing tools to sketch out your design. In Adobe Illustrator, you can use the various vector drawing tools to create detailed 2D sketches that can later be imported into 3D modeling software for further development.

Once you have your initial design sketched out in Excel or Illustrator, you can then import it into a 3D modeling software like SketchUp, Blender, or Fusion 360 to create your 3D drawings. These programs typically have tools for importing 2D vector files (such as SVG or DXF), which will allow you to use your sketches as a basis for your 3D model.