Adverse possession

Applying for Adverse possession

To apply for adverse possession of land that is not registered at the Land Registry (s14 Land Registration Act (Northern Ireland) 1970) please see First registrations of title to unregistered land.

To apply for adverse possession of registered land (s53 of Land Registration Act (Northern Ireland) 1970) please use the following forms:

• application in Precedent 7.A (Form 61) – Application under S.53 which should state where the matter will be determined if an objection is received
• Precedent 7.B (Form 62) - Grounding affidavit - this should follow the precedent and contain as much information as possible to make the case for adverse possession, this checklist may help
• Precedent 7.C – Corroborative affidavit; and
• LR Form 100A and the requisite fee

Once the application has been reviewed the Land Registry will issue a set of questions to the applicant, see sample Rulings on Title. The Land Registry will also provide a precedent notice and advertisement at this stage, see sample advertisement and notices.

Objections

Should be written and should state where the matter is to be determined (Registrar Hearing or Court). Copies of documents lodged at the Land Registry can be obtained either from the applicant or by paying the requisite fee, see ordering and issuing of copy documents relating to Land Registration