Quizzes & Puzzles1 min ago
adverse possession
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can you build on land that youve claimed by adverse possession straight away or have you got to wait twelve years?
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You're getting muddled between planning permission and legal ownership, Jasper.
In theory you can apply for planning permission on any piece of land and if you were granted it, you could put a structure up - its just that you won't own the structure because you don't own the land!
Adverse possession is a legal process that enables a person that has fenced and maintained a piece of land for over 12 years to take legal ownership of it (its slightly different between registered and unregistered land - but I'll keep it simple by sticking to just unregistered).
Until one has had occupation of the land in question for the required period, one cannot start to claim the ownership.
Does that answer it?
In theory you can apply for planning permission on any piece of land and if you were granted it, you could put a structure up - its just that you won't own the structure because you don't own the land!
Adverse possession is a legal process that enables a person that has fenced and maintained a piece of land for over 12 years to take legal ownership of it (its slightly different between registered and unregistered land - but I'll keep it simple by sticking to just unregistered).
Until one has had occupation of the land in question for the required period, one cannot start to claim the ownership.
Does that answer it?
No, it doesn't. It depends upon whether you wish to take a risk or not. The result of a successful claim for Adverse Possession is a Possessory Title, then for twelve years if someone comes along with a better claim the Land Registry will pass the title to them and you will have to vacate and reinstate the land. Only after twelve years does the title become Absolute and you are safe. So although you may obtain Planning Permission your ownership of the land is fragile so it depends upon whether or not you are prepared to take the risk for twelve years of having to demolish.
During the 12 years that the Possessory Title runs the chance of losing it to someone with a better claim is 100%. The reason is simply that it costs the Land Registry nothing to rectify a Possessory Title issued in error - no claim of any sort can be made against them However once the Title becomes Absolute they are liable for damages and they resist that, so the chance of keeping it becomes that much better because the LR on your side.
so are you saying that the land i have claimed by adverse possession which was an unregistered piece of land would probably be taken back off me if an owner comes forward within twelve years. therefore i would be foolish to build on it until i have got absolute possession in 12 years. thanks for all your comments.
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