Averse Possession
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Take legal steps to secure the land you occupy
If you’ve been occupying land without a formal title, you may be entitled to claim legal ownership through adverse possession. At PCS Legal, our experienced solicitors can advise whether your circumstances meet the criteria and guide you through the process, whether the land is registered or unregistered.
Claiming land through possession — what you need to know
If you’ve been asked to sign mortgage paperwork but aren’t named on the title of the property, it’s likely your lender will require you to seek independent legal advice. This is particularly common when you're acting as a guarantor for someone else’s loan or mortgage, often for a partner, relative, or business associate.
While this may feel like a formality, it’s an important legal safeguard. By receiving advice from a solicitor who is acting solely in your interest, you can be sure that you understand the nature and risks of what you're signing, and that you are entering into the agreement voluntarily and without pressure.
At PCS Legal, we provide clear, concise legal advice for a range of scenarios, including:
Acting as a guarantor for a family member’s mortgage
Contributing to a loan or joining a mortgage without being on the title
Providing a personal guarantee in support of a commercial or business loan
Being named in a deed of guarantee at the request of a lender
We understand that situations like these can arise with little notice, and that timing is often crucial. That’s why we offer flexible appointments, fast turnaround, and a streamlined process to give you peace of mind, without unnecessary delay.
Whether you choose a video appointment or an in-person meeting, you’ll receive impartial, expert advice from a qualified legal professional who is focused solely on protecting your interests.
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Specialist legal support for adverse possession of land
Adverse possession is a legally recognised way to claim land you’ve used and maintained, but proving your right can be complex without expert guidance. At PCS Legal, our experienced adverse possession solicitors help individuals across the UK navigate this process with clarity and confidence.
If you believe you have a claim, we’ll begin by taking the time to understand your history with the land: how long you’ve occupied it, how it has been used, and whether your possession has been challenged. We’ll then assess whether your circumstances meet the legal requirements, and if they do, we’ll prepare and submit your application on your behalf.
Our team can assist with:
Claiming ownership by adverse possession
Adverse possession of unregistered land and registered land
Claiming adverse possession involving boundary areas requires careful consideration of the Land Registration Act 2002.
Land Registry searches and documentation support
Linked issues such as fencing, encroachments, or access rights
Whether you’re claiming unregistered land, dealing with a long-standing boundary dispute, or need help understanding your rights as an adverse possessor, we provide straightforward, practical legal advice tailored to your situation.
With offices in London, Basildon, and beyond, we’re also trusted by clients searching for adverse possession lawyers and land solicitors near me. You don’t need to face this process alone — we’re here to help you secure the land you’ve looked after for years.
Frequently Asked Questions for Averse Possession
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Adverse possession is a legal process that allows someone to claim ownership of land they have occupied without the legal owner’s permission. If certain conditions are met over a period of time, you may be able to apply to be recognised as the rightful owner.
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In the UK, adverse possession allows you to claim land if you’ve used it exclusively and without permission for a set number of years — usually 10 or 12, depending on whether the land is registered. You must prove factual possession, intent to possess, and that your occupation was adverse to the owner’s interests.
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To claim adverse possession, you must show:
Factual possession – clear control and use of the land
Intention to possess – acting as if you own it
Adverse possession – without the true owner’s consent
The rules differ depending on whether the land is registered or unregistered under the Land Registration Act 2002. -
Yes, the terms are often used interchangeably. “Squatter’s rights” is an informal term for the legal principle of adverse possession, though the legal process involves strict conditions and evidence — it’s not simply about occupying land.
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A “claim of right” means you are occupying the land with the intention of owning it, even if you know you are not the legal owner. It supports your application by showing you’ve acted as the rightful possessor throughout the qualifying period.
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Registered land is recorded with the HM Land Registry, showing legal ownership. Unregistered land has no digital record, often because it hasn’t changed hands recently. The type of land affects how adverse possession is assessed and processed.
It is possible to claim registered land, but the rules are stricter. For registered land, you must usually show 10 years of continuous possession and meet specific legal conditions. The Land Registry may notify the legal owner, who can oppose your adverse possession application.
Unregistered land is easier to claim. If you’ve occupied unregistered land for 12 years or more without interruption or permission, you may be able to gain legal title without notifying a current owner, making it a more straightforward process in many cases.
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We can carry out a Land Registry search on your behalf to determine whether the land is registered. This is a key first step in assessing whether an adverse possession claim is viable and what process would apply.
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Yes — if successful, you can be registered as the legal owner of the land. This gives you full property rights, including the ability to sell, lease, or pass it on in your will, based on adverse possession.
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You’ll typically need to provide evidence such as photographs, witness statements, fencing or maintenance records, or utility bills showing exclusive use of the land. We can help you gather and present the correct documentation.
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Yes — you don’t have to live on the land, but you must show you’ve used and controlled it as if you were the owner. Regular maintenance, fencing, or restricting access to others can help support your claim.
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For unregistered land, usually 12 years of continuous possession is required. For registered land, it’s typically 10 years, but additional conditions must also be met, including notifying the legal owner.
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Yes, in fact, fencing off land can help support your claim by showing exclusive control. However, the fence must clearly indicate your intention to possess the land and exclude others, including the legal landowner.
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While it’s not legally required, working with an experienced adverse possession solicitor significantly increases your chances of success. We can assess your claim, manage the legal process, and help avoid costly errors or rejections.
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