Adverse possession

Whether you have been occupying land that does not form part of your title and wish to regularise your position, or whether a third party is seeking to claim ownership of land that belongs to you, our property disputes solicitors have extensive experience advising on adverse possession claims.

What is adverse possession?

Adverse possession is a legal process where someone who has occupied land for a requisite period can become its owner, provided certain legal conditions are met.

Sometimes referred to colloquially as ‘squatter’s rights’, the doctrine applies far more broadly, with adverse possession claims frequently pursued and defended by homeowners, landowners and developers in the context of:

boundary encroachments
garden disputes, and
development land

The law of adverse possession differs depending on whether the land is registered or unregistered, and the relevant statutory framework (the Land Registration Act 2002 or the Limitation Act 1980) determines both the period of occupation required and the procedural steps that must be taken. The distinction between the two regimes is significant and the procedural requirements are strict.

The outcome often results in a significant, irreversible, detrimental impact – the permanent transfer of land ownership. Specialist advice is essential.

If you believe you may have adversely possessed land not belonging to you or, if have received a notice from HM Land Registry informing you that a third party is seeking to dispossess your title to land, contact our experienced team of solicitors for expert legal advice today. The longer occupation continues unchallenged, the greater the risk to your title.

You will find answers to common questions to adverse possession in the FAQs at the bottom of this page.

What does a solicitor who specialises in adverse possession do?

Adverse possession claims require careful analysis of title documents, physical evidence of occupation and a detailed understanding of the applicable statutory regimes. They are also frequently contentious: the prospect of losing ownership of land/being denied ownership of land that has been occupied for years can make these disputes deeply personal as well as commercially significant.

Our property disputes team get to the heart of adverse possession claims, taking the time to understand your objectives, asses the risks and manage the dispute to achieve a swift, efficient and cost effective resolution. The team’s ethos is simple: solve the problem.

Our aim is always to try and resolve the dispute without court intervention, using negotiation, mediation, expert determination and other forms of alternative dispute resolution. Where that is not possible, the team has extensive experience of successfully taking adverse possession disputes through to trial.

Why choose B P Collins as your solicitor for an adverse possession claim?

With over 60 years of experience, we’re consistently ranked by Chambers UK and The Legal 500 for the strength of our property litigation practice. Our solicitors have helped hundreds of individuals, developers and companies navigate their property rights with confidence and clarity.

As with most disputes, early advice can frequently result in a swift outcome, avoiding unnecessary escalation and protecting your position before it becomes more difficult to assert.

Contact our adverse possession solicitors today

For further information or advice on obtaining title to land by adverse possession or opposing an application by a third party seeking to dispossess you of land you own, please contact our specialist solicitors. Our teams are based in London, Thame and Gerrards Cross, and can be contacted on 01753 889995 or at enquiries@bpcollins.co.uk.

Adverse possession FAQs

How long do you have to occupy unregistered land before you can claim adverse possession?

For unregistered land a ‘squatter’ must be in adverse possession for at least 12 years to acquire possessory title – the legal owner's right to recover the land becomes statute-barred after that period.

How long do you have to occupy registered land before you can claim adverse possession?

For registered land a ‘squatter’ must be in adverse possession for at least 10 years before they can apply to HM Land Registry to become the registered proprietor.

What does 'adverse possession' mean in practice?

To succeed in a claim for adverse possession, the applicant must meet three criteria:

factual possession of the land;
an intention to possess the land; and
possession that is adverse – i.e. without the legal owner's consent.

Factual possession means a degree of exclusive physical control of the land consistent with the nature of the land and what one would expect of an owner. What constitutes sufficient factual possession is assessed on the specific facts of each case. The acts of possession relied upon may include fencing, cultivation, maintenance, construction, grazing or other use of the land. The intention to possess does not require an intention to own the land outright, only an intention to exclude the world (including the true owner) from the land. However, if a person occupies land under a licence from the owner, that occupation will not be adverse and cannot found a claim.

What are the risks if I do not act having received notice from HM Land Registry?

For land that is registered, the 2002 Act's notification mechanism provides an important safeguard: the registered owner will receive notice of any application made against their land. However, that notice must be acted upon promptly. A failure to respond within the relevant period can result in the applicant’s application being granted by default. If HM Land Registry notifies you that a person has applied to be registered as proprietor of land in your title by way of adverse possession, you should seek legal advice immediately. The notice will set a strict deadline (typically 65 business days) within which you must respond. The consequences of missing the deadline and failing to take steps to oppose the application can be severe and, in most cases, irreversible. If you have received a notice from HM Land Registry, please contact us without delay.

What are the risks if my land is unregistered?

For unregistered land, the risk is more acute: there is no notification mechanism and title can be lost without any warning. If you believe someone may be occupying your land without permission, or if you have received correspondence suggesting a claim may be made against you, you should seek legal advice as soon as possible. The longer occupation continues unchallenged, the greater the risk to your title. If you can prove title to unregistered land, making an application to register title in your name is a key step to protecting your interest.

Can I defeat an adverse possession claim by granting a licence?

Yes, because granting a licence to the occupier breaks the chain of adverse possession and prevents the running of time. It is important for landowners who are aware of someone occupying their land to take steps promptly: granting a licence, bringing possession proceedings or taking one of any number of other actions can prevent the occupier from satisfying the test to make an application for adverse possession.

How is an adverse possession claim resolved?

There are a number of ways in which an adverse possession dispute may be resolved:

Registration at HM Land Registry: if the applicant's application succeeds, whether because the registered owner does not object or the objection is overcome – the ‘squatter’ will be registered as proprietor of the land.
A negotiated settlement: the parties may agree to formalise the position by way of a transfer of the disputed land (at nil consideration or for an agreed sum), or by granting a lease or licence in respect of the land.
Possession proceedings: the legal owner may bring a claim for possession; to dispossess the party in occupation before they can claim adverse possession.
Mediation or alternative dispute resolution: as with all property disputes, early engagement with ADR can result in a resolution that avoids the cost and delay of court proceedings.

Who pays the costs in an adverse possession dispute?

The general rule in litigation is that the loser pays the winner's costs. This applies equally in adverse possession proceedings taken to trial. Where the matter is resolved by agreement, the parties can negotiate whether one party will contribute towards the other's costs, although it is common for parties to bear their own costs as part of a commercial settlement. Given that adverse possession disputes can become protracted and expensive, obtaining early legal advice and exploring settlement options at the first opportunity is always advisable.

Does an adverse possession dispute need to be disclosed to prospective house buyers?

Yes. An ongoing adverse possession dispute – whether you are the party making the application or opposing an application – is a matter that must be disclosed to any prospective buyer. When completing the Property Information Form (TA6), you are required to answer the questions truthfully and accurately. A failure to disclose a dispute can give the buyer grounds to bring a misrepresentation claim, potentially resulting in rescission of the contract or a claim for damages.

Does adverse possession affect the sale of my property?

An adverse possession dispute can result in a property being treated as a distressed asset, with the sale price then reflecting the risk and cost of resolving the claim. In most cases, it will be preferable to resolve the dispute before marketing the property. If you are in this position, we can advise you on the most effective way to achieve resolution and protect the value of your asset.

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