Trespass and adverse possession

Practice notes

Injunctions against persons unknown

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

30th Apr

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?

Adverse possessionA successful application for title by adverse possession will result in the squatter acquiring possessory title to land. In order to...

Produced in partnership with Emma Preece of Charles Russell Speechlys 29th Apr

Practice notes

Quick guide to where to issue common property dispute applications

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

29th Apr

Q&As

What legal action can be taken for livestock (cattle) that have been moved onto land not belonging to the owner of the cattle, ie trespassing cattle? Does the Animals Act 1971 give any powers?

Where a person directs animals onto another’s land, they commit the tort of trespass. Depending on the circumstances, they may also (or alternatively)...

28th Apr

Q&As

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an overriding interest (ie actual occupation) and can it be overreached?

Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...

27th Apr

Practice notes

CPR 55 procedure in relation to residential common law tenancies

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

27th Apr

COVID-19

Practice notes

Establishing adverse possession of land

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Claiming title by adverse possession under the Limitation Act 1980...

19th Apr

Q&As

Where an individual (A) has found out that a neighbour's patio had encroached two metres on to their property, how long would the patio have to have been in place before A would not be able to claim trespass and seek to have their land returned to them? Do you have any guidance on boundary disputes?

The limitation periods for a claim for possession of land are:•unregistered land (and registered land where squatter had been in possession for 12...

13th Apr

Practice notes

Trespass—remedies

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

9th Apr

In-house

Practice notes

Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...

8th Apr

Practice notes

Claiming title by adverse possession under the Land Registration Act 2002

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...

8th Apr

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?

Planning obligations and local land chargesA planning obligation created by a section 106 agreement is a local land charge for the purposes of the...

30th Mar

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?

An interim possession order (IPO) is a type of order available only against trespassers, making it a criminal offence to fail within 24 hours to leave...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Mar

Practice notes

Quick guide to common time limits for property disputes lawyers

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...

12th Mar

Practice notes

Trespassers—possession proceedings

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

10th Mar

Practice notes

Trespass—claims and defences

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

10th Mar

Practice notes

Adverse possession and leases

This is one of four Lexis PSL Practice Notes on adverse possession. The others are:•Establishing adverse possession of land•Claiming title by adverse...

25th Feb

Precedents

Statutory declaration — adverse possession pre LRA 2002

I [insert name] of [address], do solemnly and sincerely declare as follows:1As the result of a transfer dated [insert date] made between (1) [insert...

12th Feb

Q&As

Does a senior person signing the statement of truth in support of an adverse possession claim need to have personal knowledge of occupation of the property for the entire ten-year period? If the senior person has held their post for a few years, but manages a team that has managed the site for several decades, and notes this position in the statement, will this be sufficient for adverse possession claims?

Adverse possession (often colloquially referred to as ‘squatters’ rights) was until 2003 a common law doctrine that enabled a person who had been in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

Q&As

Can a landlord recover possession (on health and safety grounds or otherwise) of a residential building (comprising one assured shorthold tenancy (AST) flat and the remaining flats are occupied by squatters) where it has fallen into severe disrepair (which is not necessarily the fault of the occupiers) and requires repossession to be able to refurbish it?

This question raises the circumstances in which an assured shorthold tenancy (AST) can be brought to an end by the landlord. The landlord has to...

22nd Jan

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