Practice
Disputes in Adverse Possession
Exploring the legal forums for resolving adverse possession claims.
⚖️ Disputes about adverse possession are usually dealt with by the First-tier Tribunal (Property Chamber) after a referral from HM Land Registry (usually following a counter notice of objection). However, issues often get litigated in the County or High Courts as part of broader property-related disputes, including possession proceedings, boundary disputes, proprietary estoppel claims, disputes over rights of way, tenancy issues, and nuisance claims.
🔎 Decisions of HM Land Registry, including rejection of Adverse Possession applications, can be subject to Judicial Review in the Administrative Court (a division of the High Court).
The Tribunal
The First-tier Tribunal (Property Chamber) handles applications, appeals, and references relating to disputes over property and land. It is governed by the 2013 Tribunal Procedure Rules. Land registration matters are usually dealt with at the London office at 10 Alfred Place, London WC1E 7LR. Disputes are usually also heard at this venue, although applications for local hearings (closer to the parties/dispute) can be made and will be accommodated at local courts (e.g., County or Magistrates’ Courts). The Tribunal is administered by HM Courts and Tribunals Service.
County Court and High Court
The County Court handles civil matters, usually when an individual or business believes their rights have been infringed. Property-related matters in the County Court are typically heard in the Chancery List.
In the High Court, property-related claims are often handled by the Chancery Division, one of the three divisions of the High Court of Justice.
🕒 The High Court will usually deal with high-value, complicated claims, while smaller, less complicated claims are usually handled in the County Court. Claims are initiated by issuing a Claim Form at Court, and it typically takes 12–18 months to reach a final trial.
📜 The procedure governing civil claims in the County Court and High Court is contained within the Civil Procedure Rules (CPR). Parties are also expected to adhere to the Pre-Action Conduct and Protocols before issuing a claim.
Administrative Court
A final decision by HM Land Registry may be subject to Judicial Review in the Administrative Court (a division of the High Court). Applications for Judicial Review must be made promptly and no later than three months after the decision. Decisions that can be challenged include the rejection of adverse possession applications.
✅ A successful Judicial Review application typically results in the HM Land Registry decision being quashed. Grounds for Judicial Review include illegality, irrationality (unreasonableness), and procedural impropriety.
From the issuance of a Claim Form to a final trial, the process typically takes 6–12 months, unless the matter is expedited. The Administrative Court has published a detailed guide on the practice and procedure for Judicial Reviews.