What Is Adverse Possession?

Adverse possession is the legal principle that allows a person who has occupied another's land, without permission, for a sufficient period of time, to claim ownership of that land. It exists because the law considers that an owner who ignores their land for long enough should lose their title to someone who has made active use of it.

The Two Regimes

Unregistered Land (Old Rules)

For unregistered land, the Limitation Act 1980 applies. If a person occupies land adversely for 12 continuous years, the original owner's right to recover it is extinguished, and the occupier has a possessory title they can then register.

Registered Land (Current Rules under LRA 2002)

The Land Registration Act 2002 made it much harder to acquire registered land. After 10 years of adverse possession, the occupier can apply to the Land Registry. The Land Registry notifies the registered owner, who has two years to object by taking action to evict the squatter. Only if the owner fails to object does the squatter become the registered owner.

What Counts as Adverse Possession?

The occupation must involve factual possession (physical control of the land), an intention to possess as one's own, be without the owner's consent, and be continuous throughout the relevant period.

Squatting in Residential Buildings

Since 2012, it has been a criminal offence to squat in a residential building in England and Wales. Squatters can be fined up to £5,000 and imprisoned for up to 6 months, making adverse possession claims for residential property extremely difficult.

How Landowners Can Protect Themselves

  • Inspect regularly - Awareness of encroachment early is key
  • Assert ownership in writing - Write to the occupier confirming you are the owner
  • Grant a licence - Written permission prevents adverse possession from running
  • Register your title - Unregistered land is far more vulnerable to adverse possession claims

The Boundary Mistake Exception

Even in the registered land regime, an adverse possessor can claim ownership if they have been in adverse possession of land adjacent to their own, reasonably believed the land was theirs, and the exact boundary has not been fixed. This is the most commonly used exception and arises from genuine boundary confusion.

Warning: Adverse possession law is complex and highly fact-specific. Anyone contemplating a claim or seeking to defend against one should instruct a solicitor specialising in property law as a matter of urgency.