Adverse possession under the Land Registration Act 2002: HM Land Registry application, notices and paragraph 5 conditions: practitioner checklist (England and Wales)
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This Checklist sets out the application pathway under the Land Registration Act 2002 (LRA 2002), covering what must be proved to establish adverse possession, the required form and content of the application, the registrar’s notice and any counter-notice, how to meet the paragraph 5 conditions, and registration where the claim succeeds. For more detail on adverse possession see Practice Notes:
- Establishing adverse possession of land
- Claiming title by adverse possession under the Land Registration Act 2002
- Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925
- Adverse possession and leases
Establish adverse possession
To apply, the claimant (the ‘squatter’) must show:
- Factual possession—ie:
- sufficient physical control and custody of the land (Powell v McFarlane (1977) 38 P (not reported by LexisNexis®))
- exclusive possession, whether sole or joint
- use of the land in the manner an occupying owner would
- Intention to possess—ie an intention to assert control personally, for one’s own benefit, to the exclusion of everyone else.
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Web page updated on 20/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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