What is Adverse Possession and how could it affect me?

Adverse Possession is a legal principle which allows an individual to apply to the Land Registry to claim ownership of land/property subject to being able to meet certain criteria. You may have heard of this less formally referred to as ‘squatters rights’.

There are various reasons why adverse possession may occur. For example, it could be because of an error on property title from first registration, title deeds having been lost/destroyed meaning establishing legal ownership is not possible or simply that someone has proceeded to use land or a property for a continuous period. 

Whilst occupying land or a property is a key factor in being able to claim adverse possession, it is not the only factor the Land Registry will consider when deciding whether to grant adverse possession to an individual. To make an application for adverse possession an individual must:  – 

1. Establish factual possession – This means that an individual must have physical control of the land as a true owner would. This could include fencing the land off, cultivation, placing a lock on the entrance/exit or even building on the land. 

2. Have an intention to possess – This means that you must intend to possess to the exclusion of all others, including the true owner! This is generally established by the acts of factual possession. It should be noted that merely walking over the land, using it or even parking on it may not be enough to establish exclusive possession of the land.

3. Have possession without consent of the owner – If such permission is given, an individual is not adversely possessing land and is simply occupying the land subject to a licence i.e. a permission which could be revoked at any time! 

4. Have continuous possession – Possession must be for a set, and continuous period, which differs between registered and unregistered land. For registered land an individual must have had possession for a period of 10 years whereas for unregistered land it is 12 years. 

5. Possession must be open and obvious – This means that an individual cannot look to possess land secretly to avoid the true owner from preventing this.

The Land Registry will consider the validity of an individual’s claim and notify any true registered owner of the land and/or the world at large before deciding on an application. This notification allows the true owner an opportunity to step forward and prevent their land/property being adversely possessed. If no objection is received, however, the Land Registry may proceed to grant adverse possession. It is important to note that how successful an application will be can vary depending on the circumstances of each case and is therefore not guaranteed.

To protect yourself you could consider: – 

1. Registering any unregistered land.
2. Instructing a boundary expert to establish the boundaries of the property and ensure that these are appropriately marked out e.g. with fences, walls, hedges etc.
3. Keep an eye on your land to ensure that there are no signs of an unauthorised third party taking up occupation and promptly take steps to stop this if it becomes apparent.
4. Ensure your address for service lodged with the Land Registry is up to date, so any notice on your land reaches you, and that you reply promptly to any such notices.

Adverse possession can result in severe consequences for landowners. To avoid loss; understanding the requirements to claim adverse possession, the process involved and how to protect your rights as a landowner is essential.

If you’re buying, selling or re-mortgaging your home and want clear legal guidance, our Residential Property team at SE‑Solicitors is here to support you. Contact me, Samantha Lawson to discuss your property needs and get tailored advice from our experienced team.