In the UK, adverse possession is a legal concept that allows an individual to acquire ownership of a property by continuously occupying it for a certain period without the owner's consent. The requirements for adverse possession include factual possession and intention to possess. This process can be initiated through a claim and there is no statutory definition, but it has been defined through case law. Possession under a lawful title is not considered adverse. Adverse possession is recognized as a doctrine and can be used by squatters to acquire ownership of a property. The legal definitions of possession and adverse can be found in previous court judgments.

Now, addressing Harry's situation:

In the given scenario, Elias may be able to make an application to be registered as the proprietor of Blue Farm House through adverse possession. The period required for adverse possession of registered land is 10 years in the UK. As per the scenario provided, Elias moved into the property in 2014, and if he can demonstrate that he has been in continuous and undisturbed possession of the property for at least 10 years, he may be eligible to make an application for adverse possession.

Harry, as the registered owner of the property, can dispute Elias's application. Harry's ability to challenge the application depends on various factors, including evidence of continuous possession of the property, actions taken during the period Elias occupied the property, and the status of any formal notice or communication received from HM Land Registry.

If all the above transactions had taken place 10 years prior and the land had not been voluntarily registered, the rules for adverse possession may differ. In unregistered land scenarios, the period required for adverse possession is typically 12 years in the UK. Additionally, the rules and requirements for adverse possession on unregistered land may differ from those for registered land. Therefore, in such a case, the specific details and circumstances would determine the validity of an adverse possession claim.

It's important that Harry seeks legal advice promptly to understand his rights and options in dealing with the situation.

Sources

A Guide to Adverse Possession - IBB LawPractice guide 4: adverse possession of registered land - GOV.UKHow to stop adverse possession in the UK - IBB LawAdverse Possession and Development Sites. - Beyond Corporate LawAcquiring land by adverse possession - Practical Law UKADVERSE POSSESSION - Hassall Law Limited

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