Adverse Possession

If you exclusively use land that is beyond the boundaries of your property then it is possible that you can stake your claim to legal ownership through a legal process known as adverse possession. The law of adverse possession or ‘squatter’s rights’ is considered by many to be unfair. This rule has its roots in dealing with uncertain boundaries but in recent high profile cases it has been used to dispossess owners of extremely valuable plots of land.

The Land Registration Act 2002 goes some way in reducing the impact of adverse possession but there are still pitfalls to be wary of.

The introduction of the Land Registration Act 2002 means that adverse possession of itself for however long will no longer automatically bar the owner’s title to their registered property. Instead, a claimant is entitled to apply to the Land Registry to be registered as the legal owner after ten years of adverse possession. The Land Registry will then give the paper owner the opportunity to object within 65 business days.

It is advisable therefore to keep your contact details with the Land Registry up to date and to be vigilant against any encroachments onto your property by marking boundaries, ensuring that you use your land on at least a yearly basis, and informing neighbours in writing of your objection to any encroachments.

Andrew Woods

January 2006