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Adverse Possession Claim Statement

A completed factual statement supporting an adverse-possession application, with evidence of factual possession, intention and the correct Land Registry route.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# ADVERSE POSSESSION CLAIM STATEMENT

Date: 22 April 2031

Parties: Eleanor Shaw and the Chief Land Registrar

## 1. Purpose and parties

Eleanor Shaw applies in relation to a registered strip of land behind 14 Wren Close, title number WM123456. She has maintained and exclusively used the enclosed strip since 1 June 2016 after an adjoining owner abandoned it; she does not claim merely because the strip is unused.

## 2. Facts, scope and terms

Eleanor describes factual possession: a locked fence, maintained gate, planted beds, mown grass, drainage work and exclusive storage of garden equipment. She has acted as an occupying owner would, without force, secrecy or permission. Her statement of truth distinguishes her use from occasional access by neighbours.

## 3. Process and responsibilities

She claims an intention to possess the strip to the exclusion of the registered proprietor, not an intention to own it automatically. The application follows the Land Registration Act 2002 route for registered land and will address the statutory conditions, any boundary or reasonable-belief ground and the proprietor's opportunity to object.

## 4. Evidence, records and safeguards

The bundle includes dated photographs, satellite images, invoices for fencing and drainage, gardener statements, correspondence with the council and a measured plan. Eleanor will identify the exact land, disclose any periods of shared access, and avoid altering evidence after the application. The registered proprietor and adjoining owners should receive proper notice.

## 5. Review, escalation and outcome

HM Land Registry may notify the registered proprietor, who may serve a counter-notice. Eleanor understands that an objection can lead to a tribunal or court process and that ten years' occupation alone does not guarantee registration. She asks the Registrar to consider the application on its evidence and records her willingness to mediate a boundary issue.

## 6. Reservations and practical protections

Eleanor does not trespass further, sell the strip, mortgage it or represent that title has already transferred. She will continue ordinary maintenance pending the decision and will obtain conveyancing advice about any restriction or possessory title. This statement is not a promise that the application succeeds.

## 7. England and Wales law and completion

England and Wales land-registration law applies. Eleanor signs the statement of truth on 22 April 2031 and submits the prescribed application, fee and plan to HM Land Registry using its permitted filing route, with copies served where required.

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