Adverse possession is a unique area of property law in England and Wales that enables trespassers to claim legal ownership of land they have occupied without the legal owner’s consent for either 10 or 12 years (depending on the type of land involved).
For those, either looking to bring a claim or defending their property from such applications can be a challenging legal process. We specialise in guiding clients through the intricacies of adverse possession claims, helping them secure or defend their rights to land.
Our experienced team provides tailored, practical advice to both commercial and residential clients. Whether it’s advising on unregistered land, boundary disputes, or long-term possession claims, we ensure each step is managed with precision, protecting clients from legal risks. With years of experience navigating these complex and niche areas of law and dealing with the Land Registration Act 2002, we have successfully represented clients in complex possession claims and property disputes.
We understand the personal and financial stakes involved in adverse possession cases. Our approach is to listen carefully to our clients’ needs and objectives, offering commercially viable solutions that address both the immediate issue and future legal implications. This expertise has resulted in successful outcomes, from reclaiming land for property developers and unlocking development to resolving long-running neighbourly disputes.
The team’s commitment to delivering high-quality legal solutions ensures that our clients receive trusted advice throughout the entire process of resolving their adverse possession cases.
Specialising in Adverse Possession law
Adverse possession applications and advice
The team provides end-to-end legal services for adverse possession applications, offering tailored advice on eligibility and gathering the required historical evidence. From cases involving lost documents to long-term possession claims, we help clients secure ownership of disputed land or clarify legal ownership where boundaries are contested.
Property and boundary dispute resolution
The team assists clients with disputes over land boundaries and ownership. We work closely with land surveyors and experts to assess land usage and boundary lines, often in cases involving land that has been used informally or without official registration. This includes representation in mediation and court if necessary.
Unlocking development potential
For developers, our expertise in adverse possession claims can unlock development potential where an application for adverse possession of small connecting strips of land possession enabled compliance with a planning condition to create a footpath at one of end of the scheme. Our knowledge of land registration and possession criteria helps clients maximise development opportunities
Why choose Shakespeare Martineau?
- Our team offer prompt and professional service, whether through in-person meetings or virtual consultations, you can trust that our advice will be timely and professional, helping you feel confident in your legal matters, every step of the way
- We provide advice that is not only pragmatic and quick but also easy to understand. Every lawyer in our firm is approachable, helpful, and committed to offering reliable legal solutions, making the process straightforward for clients
- Our clear and easily understandable approach has kept clients coming back for years, knowing they can depend on us for comprehensive legal support time and time again
- Our clients regularly highlight the exceptional expertise and professionalism of our lawyers. Our team cares deeply about every aspect of your case, ensuring you receive a thorough and attentive service
Mastering complex adverse possession claims
The team excels in handling complex adverse possession (AP) claims, often involving detailed historic evidence dating back decades. Notable successes include cases based on long-term land use, lost documents, assessing the impact of occupation periods of over 40 years and unlocking development potential for significant housing projects.
Unlocking property disputes with ADR
We are skilled at resolving property disputes through mediation and alternative dispute resolution (ADR), providing cost-effective and timely solutions. This expertise has successfully unlocked contentious land issues, reducing the need for protracted litigation and achieving client-focused outcomes.
Resolving boundary disputes with expertise
We use our technical expertise in identifying historic boundary lines, using evidence of land usage and expert testimony. This proficiency has been instrumental in resolving high-stakes boundary disputes, ensuring accurate land registration updates and protecting clients’ land interests.
Meet our Adverse Possession team
Gary Ekpenyoung
Partner
Justine Ball
Partner
Martin Edwards
Partner
James Fownes
Partner
Vanessa Joll
Partner
Bukola Obadun-Craigs
Partner
Pia Eames
Legal Director
Habib Khan
Associate
Danielle Sodhi
Team Manager
Building a responsible business
Our commitment to sustainability and social impact
We are an accredited B Corporation that is committed to driving positive change in our communities, minimising our impact on the environment, and ensuring an all inclusive diverse and supportive culture for our people.
Wherever you are on your journey, our Adverse Possession specialists are here to answer any questions you might have
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
Need to talk to someone sooner? You can call use at the number below
Call Us: 0330 024 0333
Adverse Possession FAQs
In very broad terms, a claim for adverse possession of registered land requires a minimum of 10 years’ of adverse possession but a claim for adverse possession of unregistered land needs at least 12 years.
The Land Registration Act of 2002 which governs adverse possession of registered land introduced 3 gateway conditions which means that for a claim relating to registered land you will need a minimum of 10 years’ adverse possession and, in principle, be able to satisfy any one of the three gateway conditions.
