Squatters Rights – Someone has occupied my property for some time without my permission. Can they claim good title through Squatter’s Rights (adverse possession) ?
This all depends on if they meet the legal tests: the length of time they have been there, if they occupied to the exclusion of all others and without the owner’s consent.
Unauthorised and exclusive occupiers for 12 years before 13 October 2006 can claim good title if the land is unregistered.
Since this date the Land Registration Act 2002 applies. Now, unregistered land is the same as pre 13 Oct 2006, but registered land titles can be claimed after only 10 years. However, a claim by unauthorised occupiers does not automatically give good title.
A claim will result in the Land Registry notifying the owner, who has 65 business days to object and 2 years to regain possession through court eviction proceedings. Failing action by the owner, the occupier will be able to claim good title.
Note: never rely totally on these standard answers. Before taking action or not, always seek professional advice with the full facts of the case and all documents to hand www.LandlordZONE.co.uk