ADVERSE POSSESSION

From Property Expert Robert Bijker, Happy Homes Algarve

If you own a property it is good to know your rights, especially if your property is located in the countryside where boundaries of land are not always well documented. The same is true for right of way. Today we discuss ‘adverse possession’, a way to acquire property by using/occupying it for a period of time, by which the title of ownership changes without compensation to the actual owner. Not only individuals can be an adverse possessor, but also companies and the government.

In order to acquire legal title of property owned by someone else, certain law requirements have to be met and the adverse possessor must have been using the property (or part thereof) exclusively as if he were the owner, out in the open for everyone to see and on a continuous basis, without permission of the actual owner for a period of 15 to 20 years with the intention to keep the property solely for oneself.

This is not only the case for abandoned properties, but also applies to properties that are occupied by the actual owner or the owner’s tenant. Think of a neighbour who has begun using part of the land of the adjoining property. He may have built or extended a terrace, garage or other outbuilding on your land or has begun using it for farming.

What can you do to prevent the unlawful use of your property? You can put up a fence or a gate. But if you are not going to be there for another 10 – 20 years, the fence may have been broken or worse, removed. You will need to visit your property from time to time to check if all is in order. If you find someone is making use of your property, you need to immediately dispute your neighbour’s use of your property. But if your have a good relation with the neighbour who has started using part of your land for farming, you can consider giving them permission to use the land. This has to be in writing and acknowledged by the trespasser. By claiming you are the rightful owner and acknowledgment from the trespasser, you can avoid that this person can make a successful claim to your property in the future.

What may be legally permissible is not necessarily ethically right. In any case, it is better to be safe than sorry. Once adverse possession is completed, the claimant has full legal title to the property. If you have doubts about your own property rights, contact your estate agent or your lawyer in case you feel you must take legal action to protect your interests.

Robert Bijker Director

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