Adverse Possession by Squatting

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Is Squatting Adverse Possession?

You may have heard the phrase 'Squatting', or you may have heard the phrase “adverse possession”. Well in actual facts, squatting and adverse possession- they're the same thing.

Adverse possession is when you occupy a piece of land or property and you treat it as your own.

Now squatting in a residential house is now illegal.

Since October 2012, it's been a criminal offense to squat in a private house. However, if it's just a piece of land, and you’re occupying a piece of land, you may be able to claim the piece of land as your own.

Once you've occupied it and treat it as your own for 10 years, if it's registered at a land registry or 12 years and it's not registered at a land registry, you can then make an application to the land registry to have it registered in your name. It's called a doctrine of adverse possession.

Remember, you need to have occupied the land and treated it as your own, for 10 years or more depending on whether it's registered or not registered.

When I talk about occupying the property, you haven’t got to physically go and camp on it, you don't have to put your tent up and occupy it. You just have to treat it on your own. So if you put a fence up and mow the grass and do things like that and generally, treat it as your own, that's sufficient for adverse occupation; but remember, that you're going to have to prove that you've done that for 10 years or more, otherwise your application fails.

So take photographs with the dates on and keep receipts for fencing and stuff like that if it's questioned as to how long you've been occupying a piece of land, you can actually prove when you took occupation.

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