Monthly Archives: August 2010

Adverse Possession
Adverse Possession is the term in law which describes the ability of an occupier of land who has been in occupation without the permission of the landowner and for a period exceeding 12 years, to claim the land for himself.
Although the law changed in 2003, it is not retrospective and two recent cases relating to farmland were found in favour of the occupier rather than the paper Title owner. As a consequence, the owners lost land with substantial development potential.
The messages are clear:-
Register your land with the Land Registry if not already done
Check the status of any occupier of your land
Formalise any occupancy with a suitable Tenancy or Licence
For further information see the HYPERLINK “http://www.trilogiecre.com/vx/exchange-admin/articles/adverse-posession—a-cautionary-tale.asp”
full paper here or contact:-
Richard EatonProperty Litigation PartnerBirketts LLP24-26 Museum StreetIpswichSuffolk IP1 1HZ 
DD 01473 406291Email richard-eaton@birketts.co.uk
OR
Richard Cooper Trilogie CRENeptune HouseMercury ParkWooburn GreenBuckinghamshire HP10 0HH
DD 01628 811277
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