Affidavit Of Adverse Claim Template for England and Wales

An Affidavit Of Adverse Claim is a sworn legal document that allows you to formally claim ownership of property through adverse possession in England and Wales. This powerful legal tool enables you to establish title to land you have occupied continuously without the owner's permission, provided you meet strict legal requirements under the Land Registration Act 2002 and related legislation.

When do you need this document?

You need an Affidavit Of Adverse Claim when you have been in continuous, exclusive possession of land for the required statutory period and wish to claim legal ownership. For unregistered land, you must have occupied the property for at least 12 years under the Limitation Act 1980. For registered land, the period is 10 years, after which you can apply to the Land Registry under Schedule 6 of the Land Registration Act 2002. The document is essential when preparing your adverse possession application, as it provides sworn evidence of your occupation and the basis for your claim. You might also need this affidavit if the current registered owner disputes your claim or if the Land Registry requires additional evidence to support your application.

Key legal considerations

Your affidavit must demonstrate that your possession has been factual, exclusive, and without the owner's consent throughout the statutory period. You need to prove you have exercised control over the land as if you were the owner, which might include making improvements, maintaining boundaries, or excluding others from the property. The document must include detailed evidence such as photographs, utility bills, council tax records, or witness statements that support your claim. Be aware that making false statements in a sworn affidavit constitutes perjury under the Perjury Act 1911, which carries serious criminal penalties. Your claim must also comply with human rights legislation, as adverse possession can affect the property rights of the registered owner under Article 1 of Protocol 1 of the European Convention on Human Rights.

Legal requirements in England and Wales

Under England and Wales law, your Affidavit Of Adverse Claim must be sworn before a Commissioner for Oaths, solicitor, or other authorized person as required by the Commissioners for Oaths Act 1889. The document must comply with Part 22 of the Civil Procedure Rules regarding statements of truth and sworn evidence. For registered land, you must follow the procedures set out in the Land Registration Rules 2003, including serving notice on the registered proprietor and any other interested parties. The Land Registry will examine your affidavit alongside other supporting documents, including Form ADV1 for adverse possession applications. Remember that the registered owner has the right to object to your claim, and if they do so within the prescribed period, you may need to commence court proceedings to establish your title.