Application Process
Your guide to applying for adverse possession and registering land with HM Land Registry.
Introduction
Fredericks Shaw Ltd can assist with the application and registration process, including advising on the evidence, statutory declarations, application forms, liaising with HM Land Registry, answering HM Land Registry queries/requisitions, litigating matters in the First-tier Tribunal (Property Chamber) or the County or High Court.
Hannah Jameel has been involved in adverse possession law for many years at a City of London firm.
The adverse possession service at Fredericks Shaw Ltd covers all aspects of Adverse Possession law and practice. We take on cases throughout England and Wales. This is the definitive legal service for people involved in Adverse Possession matters.
Criteria for Adverse Possession
Applications for Adverse Possession are made to HM Land Registry (although Adverse Possession can also arise in court proceedings). HM Land Registry must be satisfied that certain criteria are fulfilled for an application to be successful. These include:
Occupying Without Permission
The occupier must be occupying the property without permission of the legal owner.
Treating as Own
The occupier must be treating the property as if it were their own.
Possession or Control
The occupier must be in possession or control of the property.
Occupation Duration
The occupier must have occupied the property for at least 10 or 12 years (depending on whether it is registered or unregistered land) prior to the application.
Application Details
The starting point for any application would be a detailed and comprehensive statement of truth (on form ST1) or statutory declaration.
This should set out the criteria for the application, detailing the occupation, treatment, possession, and control of the property, and the length of time of occupation.
Documentary or other evidence should be annexed to this declaration.
Ensure that the ADV1 form is correctly filled out. Mistakes may result in HM Land Registry returning the application.
The appropriate fee should be enclosed with the ADV1 form, and it should list all accompanying documents.
Complete Statement
Complete the detailed and comprehensive statement of truth (form ST1) or statutory declaration.
Attach Evidence
Attach documentary or other evidence to the declaration.
Fill ADV1 Form
Ensure the ADV1 form is accurately filled out to avoid application return.
Enclose Fee
Enclose the appropriate fee with the ADV1 form.
Required Forms and Fees
For unregistered land, the application must be made on form FR1. Along with this form, form DL needs to be submitted in duplicate, listing the supporting documentary evidence. The appropriate fee should be enclosed with the FR1 form.
Once HM Land Registry receives the application, it will be considered. If deficient, it may be returned. If the application is adequate, an inspection by an HM Land Registry surveyor may occur.
Form FR1
Complete the application for unregistered land on form FR1.
Form DL
Submit form DL in duplicate, listing the supporting documentary evidence.
Enclose Fee
Enclose the appropriate fee with the FR1 form.
Application Review & Inspection
The application will be reviewed by HM Land Registry. If the application is adequate, an inspection by an HM Land Registry surveyor may occur.
Notice of Application
If HM Land Registry believes that the squatter is entitled to apply to be registered, they will provide notice of the application to the true paper title owner and anyone else considered appropriate. The squatter may be registered as proprietor if no objection or counter-notice is received within 65 business days.
For unregistered land, a possessory class of title is usually registered, although it is sometimes possible to get a title absolute for first registration.
Notice to Title Owner
HM Land Registry will notify the true title owner and others about the application.
65-Day Period
If no objections or counter-notices are received within 65 business days, the squatter may be registered as proprietor.
Possessory Title
For unregistered land, a possessory class of title is usually granted.
Title Absolute (Rare)
It is sometimes possible to receive a title absolute for first registration.
Objections and Disputes
If someone wishes to object to an application, they must deliver a signed written statement to HM Land Registry. HM Land Registry can either reject the application or try to facilitate negotiations. If negotiations fail, the dispute will be referred to the First-Tier Tribunal (Property Chamber).
Object to Application
To object, a signed written statement must be delivered to HM Land Registry.
Application Rejected
HM Land Registry may reject the application if the objection is valid.
Facilitate Negotiations
HM Land Registry may facilitate negotiations between the parties.
Tribunal Referral
If negotiations fail, the dispute will be referred to the First-Tier Tribunal (Property Chamber).