Whose Land is it Anyway? A Brief Guide to Adverse Possession

Adverse possession is a legal principle which, in some circumstances, allows a person to claim rights over land they have occupied for a long period without being the legal owner.

It is an area of law that often arises in disputes involving gardens, boundary strips, accessways, vacant land and land that has been fenced off or maintained by a neighbour for many years.

In this article, we explore the key elements of adverse possession and how a claim can be defeated.

The key elements of adverse possession

Adverse possession happens when someone occupies land without the legal owner's permission and treats it as if it were their own for the required period of time. In certain circumstances, that person may be able to apply to become the legal owner, or otherwise acquire rights based on their possession.

This does not mean that simply using someone else's land occasionally will be enough. The law requires clear evidence of possession and control.

To establish adverse possession, the claimant generally needs to show:

1. Factual possession

The claimant must exercise a sufficient degree of physical control over the land, such as by:

• fencing or enclosing the land in some way
• excluding other individuals from it
• maintaining or cultivating it
• carrying out improvements
• using the land in a way that is consistent with ownership

2. Intention to possess

The claimant must show an intention to possess the land for their own benefit, to the exclusion of all others, so far as reasonably practicable.

3. Possession without consent

Occupation of the land must be without the legal owner's consent. If the occupier is on the land with permission, for example as a tenant, licensee, or under another consensual arrangement, possession will generally not be adverse for the relevant period unless and until that permission ends.

Each case depends on its own facts and the evidence available. The nature of the land and the way it has been used will also be important, as there are certain categories of land which raise additional issues that could defeat an application for adverse possession.

Registered and unregistered land

The legal position on making a claim for adverse possession differs significantly depending on whether the land is registered at HM Land Registry or not.

Registered land

For registered land, the principal regime is governed by the Land Registration Act 2002 and the rules are stricter.

In general, a person must have been in adverse possession for at least 10 years before applying to HM Land Registry and, following recent case law, must have a reasonable belief that they owned the land for this period. The Supreme Court has confirmed in Brown v Ridley [2025] UKSC 7 that the 10-year period does not need to be the 10 years immediately preceding the application for registration, but can be any 10-year period of adverse possession.

If an application is made, the registered owner will usually be notified and given the opportunity to object. If an objection is received, the application will usually fail unless a limited exception applies.

Should the application be rejected but the claimant remains in possession for a further two years without the registered proprietor taking steps to remove them, a further application may potentially succeed.

Unregistered land

For unregistered land, the position is generally governed by the Limitation Act 1980, which sets out that a person may be able to claim title after 12 years of adverse possession, although the legal and evidential issues can still be complex.

Protecting your land from adverse possession

Landowners can take steps to protect themselves against adverse possession by:

1. inspecting their land regularly
2. keeping boundaries clear and documented
3. challenging any encroachments promptly
4. giving written permission where occupation is intended to be temporary or informal
5. taking legal steps to recover possession where necessary

Permission can be particularly important, because occupation with the owner's consent is generally not adverse possession.

How Ansons can help

Cases of adverse possession are often fact-sensitive and can be difficult to resolve without a careful review of the title documents, plans and evidence. Our dispute resolution solicitors advise landowners and occupiers across Staffordshire and the West Midlands on adverse possession claims, boundary issues and property disputes.

If you would like advice in relation to adverse possession, please contact Louise Palmer on 01543 267231 or by email at lpalmer@ansons.law. Alternatively, get in touch with the team at your nearest office.

Contact us to speak with a member of our Dispute Team.

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This article is for general information only and does not constitute legal advice. If you have a specific query, please contact us directly.