People may be familiar with the concept that if you have used land exclusively for a period of time, then you can apply to HM Land Registry to become the owner of that land.
This is commonly known as squatters' rights. Prior to the introduction of the Land Registration Act 2002 ("LRA"), a party could apply for ownership if they had been in exclusive occupation and possession for a period of 12 years.
Now we have the Land Registration Act, and if the period of exclusive use and occupation is since 2002, after 10 years of adverse possession, a squatter can apply to become the owner of the land.
What is adverse possession?
Adverse possession can arise when, over time (a minimum period of 10 years), a person exclusively uses and occupies land that they know they do not own and stops anyone else using or accessing the land, including the true owner. Depending on whether the land is registered at HM Land Registry with a title number, after 10 or 12 years, they can apply to own it.
The difference between adverse possession and squatter's rights
There are no legal differences between the terms squatters rights and adverse possession. They are the same thing in law.
How would I become the owner of land based on adverse possession?
The first thing to do would be to write to the landowner, if there is one, and explain that you have exclusively used and occupied the land for more than 10 or 12 years and invite them to consent to your Land Registry application to become the new owner.
Assuming that is ignored or your claim is rejected, you would need to apply to HM Land Registry. HM Land Registry would then send a copy of the application to the registered owner of the land, and they would have the chance to object.
If the objection is maintained and the parties cannot agree on a settlement, then ultimately, the Property First Tier Tribunal may have to decide whether the application can succeed or whether it has to be rejected.
What would I have to prove to succeed?
Adverse possession has two essential elements. The first is a demonstration of a factual possession of the land, and the second is the necessary intention to possess the land without the true owner's consent.
Factual possession means that you must be able to demonstrate an appropriate degree of physical control of the land. What constitutes a sufficient degree of exclusive physical control will depend on the circumstances. Still, broadly, you have to show that you have been dealing with the land as an occupying owner would have done so and that no one else has.
In terms of the intention to possess, you do not have to demonstrate an intention to own or have intended to acquire ownership of the land. What is important is that you can show that the possession has been adverse, i.e. the owner of the land has never given any permission for your use or occupation.
The consequences of ignoring an adverse possession claim
If you own a piece of land but don't occupy it or check it regularly, you could find that a neighbour has incorporated your land into their plot, for example, by putting up a new fence and claiming they own your land. It is always wise to inspect land and property at least once a year to ensure no boundaries have been moved and nobody has moved onto your land or into your property without your knowledge.
If another party makes an application to HM Land Registry to register your land as their own, you will be notified and given the chance to object. You should not ignore correspondence from HM Land Registry as that can lead to the other party gaining ownership of your land.
Registered or unregistered land
There are different rules depending on whether the land is registered or unregistered. Before introducing the Land Registration Act 2002, a party could apply for ownership if they had been in exclusive occupation and possession for 12 years.
Now we have the Land Registration Act 2002, and if the period of exclusive use and occupation is since 2002, after 10 years of adverse possession, a squatter can apply to become the owner of the land.
Protecting against adverse possession claims
When you buy a property or a piece of land, pay careful attention to the lines on the land registry plans and inspect the property to ensure they match up, as far as you can tell. If there are discrepancies, you can get the seller to answer any questions or provide evidence about whether any boundary features have been moved and who has used the land.
Once you are the owner of land, if you are not living on it, you should inspect it at least once a year to ensure that none of the boundaries have changed and that there are no unknown occupiers.
Stop someone claiming adverse possession
If you are not living on your land or visiting it regularly, you should at least drive by and check it a couple of times a year. You should also ensure that your address registered at HM Land Registry is kept up to date in case someone applies to register your land. If HM Land Registry writes to you and it is an old address, you may only know once it is too late that an application for adverse possession was made. You can also register with HM Land Registry for an alert to be emailed to you if and when any attempt is made to alter the register of title for your land.
Adverse possession in boundary disputes
If a party is disputing the legal boundary, this is an argument that is often pursued. They may think that the land concerned is theirs on paper but later find out that it isn't, and then decide to pursue an alternative argument that they have acquired the land through their exclusive use and occupation.
The process for claiming adverse possession
The first thing to do would be to write to the land owner, if there is one, and state that you have exclusively used and occupied the land for more than 10 or 12 years and invite them to consent to your Land Registry application to become the new owner.
If that is ignored or your claim is rejected, you must apply to HM Land Registry. They would then send a copy of the application to the registered owner of the land, and they would have the chance to object.
If the objection is maintained and the parties cannot agree to a settlement, ultimately, the Property First Tier Tribunal may have to decide whether the application can succeed or whether it has to be rejected.
How do I apply?
An application must be made to the HM Land Registry on form ADV1 accompanied by a statement or truth or declaration that meets the HM Land Registry's requirements. If you think that you have adversely possessed land, you should promptly make your application to the HM Land Registry to avoid any argument that you have not acted quickly enough.
Supporting evidence will also need to be provided with the application to demonstrate your adverse possession of the land for at least 10 years.
How long does an adverse possession claim typically take?
If there is no objection to the application, it can be resolved in as little as 3 months (depending on HM Land Registry's speed of processing), but if the application is defended, the whole process could easily take 12-18 months to complete.
How successful are adverse possession claims?
This all depends on the strength of the evidence that can be provided.
How much does it cost to claim adverse possession?
A defended claim could cost as much as £75,000 plus VAT, while an undefended application would normally only cost a few thousand pounds.
