Acquiring land by adverse possession

by Practical Law Property

A note that provides detailed guidance on establishing adverse possession of land, outlining the two distinct schemes governing claims for registered land under the Land Registration Act 2002 (LRA 2002) and for unregistered land. This note examines the essential elements required for a successful claim, including uninterrupted factual possession for the requisite period and the necessary intention to possess, distinguishing this from an intention to own. It explores the nuances of factual possession, such as what constitutes sufficient exclusive physical control, possession of part versus the whole, and continuous possession. The guidance further delves into specific scenarios, including adverse possession of river beds, highways, common land, and town or village greens.