Adverse Possession: Claiming Land Through Occupation

Adverse possession allows someone to claim legal ownership of land they've occupied for a long period without the owner's permission. The rules differ depending on whether the land is registered or unregistered.

What is Adverse Possession?

Adverse possession is a legal principle that allows a person who has occupied land for a specified period to claim ownership, even if they were originally trespassing. The rationale is that land should not lie unused, and long possession should be recognised.

Requirements for a Claim

To succeed in an adverse possession claim, you must prove:

1. Factual Possession

You must have been in actual occupation and control of the land. This means:

• Physical presence on the land
• Treating it as your own
• Excluding others (including the legal owner)
• Maintaining or improving the land

2. Intention to Possess

You must have intended to possess the land as owner. This is shown by:

• Acting as if you own the land
• Not acknowledging the true owner's title
• Making decisions about the land's use

3. Without Owner's Consent

The occupation must be without permission. If you had a licence or tenancy, the clock only starts when that ends.

4. Required Time Period

Land Type	Time Required	Additional Requirements
Registered land	10 years	Application to Land Registry; owner can object
Unregistered land	12 years	Automatic transfer of title

Registered vs Unregistered Land

Registered Land (Post-2003 Rules)

For land registered at HM Land Registry:

1. After 10 years of adverse possession, you can apply to be registered as owner
2. The Land Registry notifies the registered owner
3. The owner has 65 business days to object
4. If they object, they have 2 years to take action to recover the land
5. If they don't act, you can reapply after 2 years

Unregistered Land

For unregistered land (increasingly rare):

• 12 years of adverse possession extinguishes the owner's title
• You can then apply for first registration
• The process is more straightforward but unregistered land is uncommon

What Stops the Clock?

The limitation period can be interrupted by:

• Owner taking possession proceedings
• Squatter acknowledging the owner's title
• Squatter leaving the land
• Owner re-entering the land

Practical Considerations

Evidence Needed

To support a claim, gather:

• Photographs showing occupation over time
• Witness statements
• Receipts for improvements or maintenance
• Utility bills or council tax records
• Any correspondence about the land

Legal Advice Essential

Adverse possession claims are complex. Always seek legal advice before:

• Making an application
• Responding to an application
• Taking any action that might affect a claim

Limitations

Adverse possession cannot be claimed against:

• The Crown (royal land)
• Certain charity lands
• Land held in trust (with restrictions)