Adverse Possession

Squatting is when someone enters private property without permission in order to live there. It is important to act fast to evict squatters and remove them from your property:

  • Unwanted occupants constitute a nuisance and may inflict damage on your property;
  • If unwanted occupants settle for over 10 years, they may take control of the land and even apply for ownership through adverse possession (sometimes referred to as ‘squatters’ rights’).

How does adverse possession arise?

To acquire land by adverse possession:

  • The squatter must have factual possession of the land without the owner’s consent for the necessary period; and
  • The squatter must have the necessary intention to possess the land.

The likelihood of success of an adverse possession claim will depend on the particular facts. We can provide tailored legal advice about your particular case, including advising on the merits of such a claim.

What is the process of an adverse possession claim?

The rules concerning adverse possession vary depending on whether the land is registered or unregistered.

For registered land, a squatter will need to be in possession of a piece of land for at least 10 years before applying to the Land Registry to become the legal owner. After the application has been made, the registered owner will be notified and will be given the opportunity to oppose the application.

The rules concerning adverse possession are complicated, and the facts of how the land has been possessed are often vital. We can act for those making or defending a claim, as well as providing expert legal advice about your particular case.

How do I remove squatters from my property?

It is a criminal offence to use or threaten to use force to remove someone from your property.

There are two routes to recovering possession:

  • An interim possession order (IPO);
  • A claim for possession.

If there is a threatened trespass, it may be possible to seek an injunction to prevent the trespass entirely.

It is important you act fast and evict squatters as a matter of urgency. We can assist with the IPO, the claim for possession or the injunction, as well as providing expert legal advice about your rights and restrictions in your particular case.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

Mustafa Kalaycı
Mustafa Kalaycı
21/01/2024
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything. Mustafa KALAYCI
Pauline
Pauline
12/09/2023
I used Naylor Solicitors to help us purchase our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking legal action in that regard. He was then able to make sure the sale went through as agreed. I highly recommend Naylor Solicitors.
Simon Grey
Simon Grey
06/09/2022
We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
Simon Hill
Simon Hill
09/04/2022
I was the main client contact of 60+ objectors on a breach of restrictive covenants case in Hertfordshire lasting several years. Naylors had been recommended by our QC and were superb throughout. We won the case convincingly. Would certainly recommend them.
Farook Paracha
Farook Paracha
07/01/2022
Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper. Regards Farook Paracha
Frazer A-F
Frazer A-F
23/08/2021
We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
Yannick Schindler
Yannick Schindler
01/06/2021
Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
claire bryant
claire bryant
16/11/2020
From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.