Adverse Possession
- Adverse Possession is the occupying of a property for at least 12 years without the agreement of the landlord.
- Usually the owner of the property so subject is unaware or would take steps to prevent it.
- After 12 years the occupier can claim possession by formalizing a previously informal arrangement.
- Squatters who have not paid rent or been granted a license or permission to reside are likely candidates.
- Landlords abroad (absent landlords) may be unaware of occupancy.
- Adjacent property owners may be unaware that a portion of their land has become fenced off (creating exclusive possession) or "groomed" for adverse possession unknown to the owner until a claim is presented.
- A property can be purchased unwittingly from an apparent owner who no longer actually owns the property. Third party action is likely to enable recovery - very messy.
- The new "owner" must prove title by evincing
- exclusive possession - the right to exclude the landlord and others from a portion of the property.
- absence of original owner consent
- continuous possession or control for at least 12 years.
Published: 24 September 2015 Last Updated: 17 November 2021