This practice note explains the elements needed to establish adverse possession: factual possession and intention to possess.

The procedure for claiming title to land by adverse possession is set out in two practice notes:

(1) Adverse possession and the Land Registration Act 2002. This explains the scheme for claiming adverse possession of registered land under the Land Registration Act 2002 (LRA 2002), which came into force on 13 October 2003.

(2) Adverse possession before the Land Registration Act 2002. This explains the scheme for claiming adverse possession of unregistered land, and for registered land where the possession relied on is for a period of at least 12 years ending before 13 October 2003.