Hello.
The legal doctrine of "adverse possession" allows a person occupying
land or buildings as a trespasser to become the legal owner of the
property.
In England, someone making an adverse possession claim must occupy the
land for 12 years.
From the web site of Cumberland Ellis Peirs, Solicitors, London:
"Adverse possession, or 'squatters rights' to use its more popular
name, has always been a controversial issue. It allows a "squatter" to
be registered as the freehold owner of land which has, until then,
been held by somebody else, if he has occupied the land and used it as
if he is the owner for 12 years or more (sections 15 to 17 of the
Limitation Act 1980)."
http://www.cep-law.co.uk/articles/property/squatters.htm
See this good overview of the law from the Campaign for Planning
Sanity:
http://www.cfps.fsnet.co.uk/reports/ap.htm
See solicitors Hart & Brown's one-page brochure "Can I take land and
not pay for it?" (in pdf format, so you'll need the Adobe Acrobat
reader):
http://www.hartbrown.co.uk/news/pdfs/december_2001.pdf
The Land Registration Act 2002, which is not yet in effect, contains
some procedural changes to the law of adverse possession:
http://www.uk-legislation.hmso.gov.uk/acts/acts2002/20009--k.htm#97
See also opposition to the proposed changes from the Advisory Service
for Squatters:
http://www.squat.freeserve.co.uk/
Specifically, see their article, "Land Registration for the
twenty-first Century?A Response"
http://www.squat.freeserve.co.uk/lawcom.htm
search terms: "adverse possession," "land law," years
I hope this helps. Good luck. |