Understanding Adverse Possession in 2024 - What Property Owners and Investors Need To Know

What Is Adverse Possession?

Adverse possession is a legal process in which a non-owner claims title and ownership of a piece of land or property by occupying it for at least 12 years. Adverse possession is similar to squatter’s rights, but it’s not quite the same. Adverse possession is just one way in which someone squatting in a property could theoretically take legal ownership of it.

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What Are The Requirements For Adverse Possession?

To make a successful claim for adverse possession, one would need to do the following:

Factual Possession – Prove that they or their predecessors have been in ‘factual possession’ of the land for at least 12 years. This means that the person must exercise a ‘degree of physical control’, i.e. secure the land by putting a fence up, or if it is a property, by securing said property with locks.

Intention to Possess – the person must show that they intend to possess the land, by using or occupying it. If it is a property, this could be by living there or otherwise using it, and for land, this could be shown by farming the land or using it for some other purpose.

Without consent – this means that the person must be using the land without the permission of the landowner. This means that occupying the land or property through renting it does not count, because the use of the land is not ‘adverse’.

10 – 12 years – if the land is registered with HM Land Registry, the land must be occupied according to the above requirements for at least 10 years. If it is unregistered, then it is 12 years.

One can provide evidence of the above in the form of photographs of the land or property being used, invoices from contractors who have carried out work on the land or property, or other supporting evidence like ordnance survey maps or plans of the land. A statement of truth will also need to be given – this is a form that must be completed to support an application for adverse possession – you can download it here from the government website.

Adverse Possession of Registered Land

Since the Land Registration Act 2002, all land or property bought or sold in England and Wales has been registered with the HM Land Registry. Any claims since this law passed are likely to be rejected, as confirmation of land ownership could be verified. One can still claim adverse possession of registered land, but the current landowner will be notified by the HM Land Registry and has 2 years to object to the claim. Claims such as this could be successful when the landowner has passed away and no one has inherited the land, or when the person claiming adverse possession has already occupied the land for well over 10 years without being challenged.

Adverse Possession of Unregistered Land

Claiming adverse possession of unregistered land is simpler, as there is no title registered with the Land Registry. Land that was sold before the Land Registration Act 2002 when it was not compulsory to register could have no clear title, meaning ownership could be ambiguous. One would need to demonstrate that unregistered land has been occupied for 12 years to claim adverse possession.

What Is The Purpose Of Adverse Possession?

It sounds like adverse possession is legitimised stealing of property, but this is not the case. Adverse possession protects buyers who purchase land or property in good faith from someone who does not hold the legal title to that land. It can be hard to establish past ownership, hence the 12-year rule. If you can prove possession for the last 12 years, it doesn’t matter even if some previous seller did not officially own the land before this time.

Adverse possession also prevents unused land from becoming a nuisance. If land is not used, it could end up being used for fly-tipping and become full of rubbish, or overgrown weeds could impact neighbouring farmland or even nearby structures. People can claim ‘wasteland’ areas with no apparent owner through adverse possession.

Adverse possession also applies in situations where a dividing wall or fence dictates the boundary between two properties. If a wall or fence was put up in the wrong place, and encroaches on the neighbour’s land, if it has been there for 12 years or more without being challenged, then the original owner has lost that part of their land. The new owner might not have done anything to enact this, but by assuming they owned it all along and acting as such, they have obtained ownership of it through adverse possession.

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How Do I Stop Someone From Claiming Adverse Possession?

If you have purchased property or land since 2003, then it should be registered in your name, meaning that you would get notified if anyone was seeking to claim adverse possession and you could object to it. Follow these 5 steps to avoid the possibility of anyone claiming ownership or occupying your land or property:

Do regular inspections. If you are not personally living in the property or renting it out to tenants, perform regular inspections to make sure no one is using it or squatting there. If you do see anything untoward, contact your solicitor or another legal professional for advice.
Monitor the location. If it is a property, install CCTV or other forms of security systems to keep an eye on it remotely. This will help you to respond to any unauthorised access or occupation promptly.
Keep up with documentation. As soon as you buy land or property, ensure you are registered as the owner with the HM Land Registry. This should be done as part of conveyancing but double check to make sure everything is in order. Check that HM Land Registry has your contact details, and be sure to update them if they change.
Secure the land or property. This means making sure that there are fences and lockable gates that establish the boundaries of the land. If it is a property, make sure that all doors and windows are locked if the property is not occupied. Use signs to make it clear that the property or land is not public.
If you do find that someone is squatting on your property or using your land without your permission, seek legal advice promptly from local authorities or your solicitor.

What Property Investors Should Know About Adverse Possession?

It is very unlikely that adverse possession will be a problem for you, especially with properties or land bought after 2003. While you are not likely to buy a property or land and avoid developing, renting or even visiting it for 10 years, make sure you are registered as the owner with HM Land Registry. If you rent the land or property, make sure you have a tenancy agreement, contract or other official documentation naming the tenants and the terms of the rental agreement. Always consult a solicitor or other legal advisor if you have any queries regarding adverse possession.

Are you interested in property investment? Learn more about adverse possession and all other need-to-know information for budding property investors at one of our property summits! Meet me, Liam J Ryan, plus other property investment experts – sign up here.