Adverse Possession Claims in Bournemouth

Adverse possession claims are all too common. They arise where individuals try to claim possession of land through adverse possession, more usually known as ‘squatters rights’.

If you have been occupying land for a period of time and wish to claim possession or are defending an adverse possession claim against your land, it’s essential to seek expert support. These matters can often be resolved early and cost-effectively with the right guidance.

Adverse possession law is a complex area that needs the right approach from experienced solicitors. We can aid clients in both defending and making a claim for adverse possession in Bournemouth and the wider Dorset area. The team will review the circumstances of your adverse possession case, assessing the likelihood of success and the suitable options available to you.

At Preston Redman, the dispute resolution team frequently advises clients from Bournemouth, Poole, across Dorset and beyond. We always work for your convenience, whether that is via phone, email or videoconferencing software.

To speak to one of our friendly, highly experienced adverse possession solicitors in Bournemouth, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.

How our solicitors can help with a claim for adverse possession

Our adverse possession solicitors in Bournemouth can aid with matters such as:

Defending adverse possession claims

Receiving an adverse possession claim for your property can be a daunting prospect.

Our solicitors at Preston Redman will carefully assess your case and provide advice on the options applicable to your particular circumstances.

This may include carrying out a Land Registry search and locating property deeds, collecting evidence to prove the adverse possession claim does not meet the required criteria or applying for an injunction to keep the other party off your property or issuing a possession claim.

We will provide assistance with preparing and opposing an adverse possession application with HM Land Registry.

We are highly skilled and can engage in negotiation or mediation with the other party and represent you at a property tribunal if necessary.

Adverse possession claims of unregistered land

If a squatter has been occupying unregistered land for more than a 12-year period, then under the Limitation Act 1980 the land owner cannot automatically object to a squatter’s adverse possession claim.

Our adverse possession solicitors will evaluate the situation and whether it meets the eligibility criteria. Should you meet the criteria, we can provide assistance with making an adverse possession claim of unregistered land to HM Land Registry, where you will be entitled to register the land under your name.

Adverse possession claims of registered land

To make an adverse possession claim on registered land, a squatter must have possession for a period of 10 years under the current law. After 10 years of adverse possession, a squatter can apply to be registered as a proprietor of the land.

Our team of adverse possession lawyers have guided clients through all types of adverse possession claims in Bournemouth. We will review your case, including the evidence and advise on whether you are eligible to make a claim on registered land and the likelihood of success. Should your case be appropriate to proceed, we will help with submitting an adverse possession claim form.

Possession claims against tenants and former tenants

In some situations, landlords may face incidents where tenants refuse to leave the property at the end of the tenancy.

Our adverse possession lawyers recognise the financial and mental impact such situations can impose and strive to provide a convenient, stress-free service. The Preston Redman dispute resolution team can assist landlords with serving notice against your tenant, evicting tenants through court possession proceedings, initiating rent arrears claims and possession order enforcements.

Possession claims against travellers and squatters

Facing a situation where travellers or squatters occupy your land can be stressful, but there are ways to legally remove them, including applying to the court for a possession order to evict them.

At Preston Redman, we recognise the effect such matters can have and will help you with a claim against ‘persons unknown’, where an agent will be appointed to serve the travellers or squatters with a copy of the claim.

Where matters are more complicated, you may need to enforce a possession order. Our specialists can submit an application to the high court for a warrant for possession.

Alternative dispute resolution for adverse possession

Should the registrar find grounds in favour of the squatter, they will request the involved parties to liaise through alternative dispute resolution (ADR) in an attempt to settle the adverse possession dispute and negotiate a mutual outcome.

Our lawyers can provide in-depth knowledge and skills to steer you through the process of ADR, finding an outcome that best suits your interests.

We will arrange negotiation or mediation where possible to achieve the settlement of your dispute with an independent facilitator.

We have considerable expertise assisting clients through tactical negotiations, with a strong track record of success and can represent clients at property tribunals if necessary.

Tribunal proceedings for adverse possession

Where you have attempted ADR but have been unsuccessful, we can support you during tribunal proceedings.

The First-tier Tribunal will either set a date for hearing and determining the matter or direct one of the parties to start proceedings in court.

Further details of the procedure will be supplied at this stage including information about the estimated costs.

Our expert solicitors specialising in adverse possession will navigate the tribunal proceedings on your behalf, maximising the chances of success in your adverse possession case.

This includes providing proficient advice and hands-on support, as well as preparing and delivering robust representation during the tribunal.

Why choose Preston Redman’s adverse possession solicitors?

At Preston Redman, we have been advising the Bournemouth, Poole and Dorset community with their legal matters for more than 140 years, including in relation to adverse possession dispute resolution matters.

Instructing our solicitors guarantees a team of professional and devoted lawyers, providing a bespoke service, no matter the type of dispute or level of expertise required.

Many of the dispute resolution team are proud to be members of the Property Litigation Association (PLA), where they receive access to further education and training to develop their skillset and knowledge.

Our adverse possession solicitors’ fees

We recognise the cost of adverse possession claims can be a concern, so we offer flexible funding depending on your case.

Fixed fees

Should your adverse possession matter be more straightforward to resolve, our solicitors may be able to provide their expertise on a fixed fee basis. So long as your needs don’t change, this agreed price is guaranteed.

Hourly rates

We recognise that your adverse possession circumstances may be more challenging, meaning you may require further support from our team. In situations like these, it may be more suitable for us to charge an hourly rate based on the level of expertise you require from our team.