Adverse possession and the interaction with legal privilege

If the ownership of land is unknown and parties use the land as their own, this can often lead to a dispute.

The case of Windmill Holdings v Adams (2021) heard in the Upper Tribunal (Lands Chamber) earlier this year is of particular interest to parties seeking adverse possession of land.

It sets out the legal test for adverse possession, and serves as a useful reminder of the principle of legal privilege relating to correspondence between the parties.

This case highlights why it is vital to seek professional legal advice as soon as there is a question about ownership of land.

Property Dispute Looming? Now is the Moment to Seek Professional Advice

A word out of place can lead to the sacrifice of valuable legal rights and that is why it is vital to seek professional advice the moment a potential dispute looms on the horizon.