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35. Adverse Possession: Exploring Claims and Resolving Disputes

35. Adverse Possession: Exploring Claims and Resolving Disputes

At SQE Property Law & Land Law, our team of experienced solicitors is here to assist you with all your legal needs regarding adverse possession. Adverse possession is a complex area of law that deals with the acquisition of property through possession over a certain period of time. In this blog post, we will explore the different aspects of adverse possession claims, discuss how disputes can be resolved, and provide you with valuable insights to navigate this legal concept.

Understanding Adverse Possession

Adverse possession is a legal principle that allows a person to gain ownership of land if they have occupied it for a specific period of time, without the permission of the legal owner. The specific time period required for adverse possession varies depending on the jurisdiction, but it is typically long enough to ensure that the legal owner has ample opportunity to assert their rights.

In order to successfully claim adverse possession, the occupier must meet certain criteria:

  • The possession must be exclusive and continuous
  • The occupier must have been in possession of the land without the consent of the legal owner
  • The occupier must have possessed the land with the intention to possess it as their own
  • The possession must be open and notorious, meaning it must be visible and obvious to others

Meeting these criteria can be challenging, and it is essential to seek legal advice from a qualified solicitor to assess your claim. At SQE Property Law & Land Law, our team of solicitors can provide expert guidance and support throughout the entire process of claiming adverse possession.

Resolving Disputes

Adverse possession claims can often lead to disputes between the occupier and the legal owner. These disputes can be complex, emotional, and time-consuming. It is important to approach the resolution of such disputes with a calm and professional mindset, seeking legal advice to ensure that your rights are protected.

There are several methods to resolve disputes related to adverse possession:

  • Negotiation and Mediation: In some cases, a resolution can be reached through negotiation and mediation. This involves open and honest discussions between the parties involved, with the assistance of a neutral mediator. Mediation can be a cost-effective and efficient method of resolving disputes without resorting to litigation.
  • Litigation: In more contentious cases, litigation may be necessary to resolve the dispute. This involves taking the matter to court, where a judge will make a determination based on the evidence presented. It is crucial to have a skilled solicitor who specializes in property law to represent your interests and advocate on your behalf.

Our solicitors at SQE Property Law & Land Law have extensive experience in resolving adverse possession disputes, both through negotiation and mediation, as well as litigation. We understand the complexities of these cases and are dedicated to achieving the best possible outcome for our clients.

Seeking Legal Representation

When it comes to adverse possession claims and disputes, it is crucial to seek expert legal representation. Our solicitors at SQE Property Law & Land Law have a deep understanding of property law and can provide you with the guidance and support you need.

Whether you are considering claiming adverse possession or need assistance with resolving a dispute, our solicitors are here to help. Contact us today to schedule a consultation and let us assist you with your legal needs.

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