Trespass and adverse possession

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Featured Property Disputes content

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

19th May

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

19th May

Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

19th May

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Most recent Trespass and adverse possession content

Practice notes

Trespass—remedies

Trespass—remediesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals...

22nd Sep

In-house

Practice notes

Trespassers—possession proceedings

Trespassers—possession proceedingsCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts...

22nd Sep

Practice notes

Injunctions against persons unknown

Injunctions against persons unknownThis Practice Note is concerned with injunctions against defendants who cannot be identified, typically referred to...

7th Sep

Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...

18th Aug

Q&As

Could prescriptive rights be acquired by long user through grazing horses on land, even though the site is not fenced nor enclosed?

Could prescriptive rights be acquired by long user through grazing horses on land, even though the site is not fenced nor enclosed?The essence of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Aug

Precedents

Statutory declaration — adverse possession pre LRA 2002

Statutory declaration — adverse possession pre LRA 2002I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a...

10th Aug

Precedents

Statutory declaration — adverse possession

Statutory declaration — adverse possessionI [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a transfer...

10th Aug

Precedents

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled

Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial...

10th Aug

Precedents

Statutory declaration in support of an application for alteration of the register based on claimed adverse possession before first registration of the land

Statutory declaration in support of an application for alteration of the register based on claimed adverse possession before first registration of the...

10th Aug

Q&As

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?One of the primary remedies sought by a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

What are the procedures for regaining possession of a commercial property from squatters/trespassers? Are there any other powers available to a local authority to recover possession in this situation?

What are the procedures for regaining possession of a commercial property from squatters/trespassers? Are there any other powers available to a local...

10th Aug

Q&As

In an application for adverse possession, paragraph 188(2)(f) of the Land Registration Rules 2003 provides that the applicant must confirm that the land is not subject to a trust. In the event that it is subject to a trust, can the claim still proceed? In particular, in the event that first registration of the title into the name of a trust was error, can the application proceed on the basis that the register should be corrected?

In an application for adverse possession, paragraph 188(2)(f) of the Land Registration Rules 2003 provides that the applicant must confirm that the...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 10th Aug

Q&As

Once a squatter establishes title by adverse possession and is registered as the proprietor at HM Land Registry, is there a time limit within which the dispossessed owner can bring a claim for rectification?

Once a squatter establishes title by adverse possession and is registered as the proprietor at HM Land Registry, is there a time limit within which...

Produced in partnership with Emma Preece of Charles Russell Speechlys 10th Aug

Q&As

Where a party has been in occupation of land for more than ten years since 2003, but the legal owner discovers this and sends a letter to the party giving their consent to occupy the land, would this be sufficient to defeat any application for adverse possession? Would this depend on the amount of time which has passed between the legal owner providing consent and the other party making an adverse possession application?

Where a party has been in occupation of land for more than ten years since 2003, but the legal owner discovers this and sends a letter to the party...

10th Aug

Q&As

Where an adverse possession claim in respect of registered land failed to specify the grounds relied on under paragraph 5 of Schedule 6 to the Land Registration Act 2002, and was rejected by HM Land Registry, can the applicant now rely on those grounds, or must they now wait two years before re-applying?

Where an adverse possession claim in respect of registered land failed to specify the grounds relied on under paragraph 5 of Schedule 6 to the Land...

10th Aug

Q&As

If an interim possession order against trespassers was issued over land, pending a final order for possession in court, can the owner of the land invite the trespassers to enter into a consent order which grants the owner a final order for possession over their land?

If an interim possession order against trespassers was issued over land, pending a final order for possession in court, can the owner of the land...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

What is the reliability of having a statement of truth as opposed to a statutory declaration in the context of an adverse possession claim? The Land Registry’s guidance states that statements of truth are acceptable for use in adverse possession claims in the place of statutory declarations. Would it be equally reliable as evidence in court proceedings?

What is the reliability of having a statement of truth as opposed to a statutory declaration in the context of an adverse possession claim? The Land...

10th Aug

Q&As

If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be subject to those obligations?

If an individual acquires land by adverse possession which is subject to ongoing obligations under a section 106 agreement, will the land acquired be...

10th Aug

Q&As

Party A has a plot of land on which Party B has placed a caravan and is living there without permission. What steps can Party A take to remove Party B and the caravan? Are there any restrictions on the action which can be taken due to the current coronavirus (COVID-19) pandemic?

Party A has a plot of land on which Party B has placed a caravan and is living there without permission. What steps can Party A take to remove Party B...

10th Aug

Q&As

If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become registered owner of the leasehold title to the land and take possession subject to the terms of the lease?

If a squatter has adverse possession of land that is subject to a lease, and makes a successful application for adverse possession, do they become...

10th Aug

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Trespass and adverse possession

View Property Disputes by content type:

Latest Property Disputes News

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Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

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Featured Property Disputes content

Specific performance of property agreements

Notice to complete

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Service charges—summary of tenants’ rights and obligations

Most recent Trespass and adverse possession content

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