Sometimes there are parcels of land owned by one person but used by another, otherwise known as ‘squatting’. When someone wants to claim ownership of land that’s not theirs, it is called Adverse Possession.
Can You Claim Ownership of Land That Isn’t Yours?
Most land in England and Wales is now registered at the Land Registry so, more often than not, it is easy to find out who owns what land.
To claim Adverse Possession you would need to make an application to the Land Registry. The Land Registry have a strict set of criteria you must meet before you can claim land you do not own. The rules are the same for registered and unregistered land but the application procedure is different. The Land Registry practice guides provide detailed guidance for both procedures: unregistered and registered.
Although it’s possible to successfully claim adverse possession of land, it’s very difficult to do so, for good reason. The law sets a deliberately high bar to claiming adverse possession to prevent people from easily taking land legally belonging to another.
This strict legal framework sits within a wider context of property litigation in England and Wales. Ministry of Justice data shows that around 100,000 landlord possession claims are issued in the County Courts each year (GOV UK), reflecting the significant volume of property related disputes that the courts are required to deal with, and the importance placed on formal legal processes when resolving issues of occupation and ownership.
How Do You Claim Adverse Possession?
It is a lot harder to successfully claim Adverse Possession of registered land and there are usually other, more effective routes for acquiring registered land.
You can find out whether the land in question is registered by contacting the Land Registry, and this should be your first port of call.
In order to claim Adverse Possession you must show that:
• You have actual physical possession of the land (Fencing off the land is strong evidence of physical possession)
• You have the intention to possess the land (Using the land as if it is your own to the exclusion of others)
• Your possession is without the true owner’s consent
• All of the above have been true for at least 12 years if the land is unregistered or 10 years if the land is registered
What Are the Requirements for Adverse Possession?
The procedure for claiming land by adverse possession differs depending on whether the land is registered or unregistered.
Procedure for registered land:
- Complete 10 years adverse possession which must be continuous, exclusive and without permission.
- Apply to the Land Registry on the applicable form enclosing a detailed statement of truth, plans and photos of the land and evidence of possession over the full period.
- The Land Registry will consider the application and notify the registered owner and any mortgage lender or leaseholder. They have 65 business days to respond.
- If the owner objects then the application will usually fail. The owner then has 2 years to retake possession.
- Even if the owner objects, you can still succeed if you meet one of the following criteria which are interpreted very narrowly:
- If there’s been a boundary mistake and you reasonably believed the land was yours;
- The owner encouraged you to believe the land was yours and it would be unfair not to register the land to you (otherwise known as
- You have some other kind of entitlement such as under a will or contract.
- If the owner does not retake possession within the 2 year period you can reapply and will probably succeed.
Procedure for unregistered land:
- Complete 12 years adverse possession which again must be continuous, exclusive and without permission.
- Apply to the Land Registry on the applicable form enclosing a detailed statement of truth, evidence of possession and a plan of the land.
- The Land Registry may request further evidence or information. They will also notify anyone they think may have an interest, such as adjoining landowners.
- If all steps are satisfied then you will be registered as the new owner, usually with possessory title.
The Land Registry will assess each application on its own merit. Any evidence you can provide to show you have met the above criteria will help any application.
Difference between possessory title and absolute title
In England & Wales, an application based on adverse possession normally results in possessory title rather than absolute title because of how title is acquired and because the law remains cautious about displacing an earlier owner.
In an adverse possession of unregistered land, you have not provided documentary evidence of ownership, instead you are asserting you should be the owner because you have possessed the land for a long period of time. Therefore, the Land Registry cannot be certain that a third party will not appear at a later date with evidence of a better documentary title.
As a result, the Land Registry grants a title that reflects the true position; that the land is possessed rather than owned absolutely. It is a lesser class of title but you would still be registered proprietor (owner) and you can still sell, mortgage and deal with the land in the way any owner otherwise would.
However, the risk remains that someone with a better documentary title could override your possessory ownership and there may be residual uncertainties in terms of boundaries and undocumented historic rights and easements. It is possible to apply to upgrade a possessory title after 12 years of unchallenged ownership.
Absolute title is given in cases where the Land Registry are certain, because of documentary evidence such as title deeds and conveyances, that a person owns the land. Granting absolute title permanently extinguishes anyone else’s claim to the title.
What Evidence Do You Need for Adverse Possession?
It is important to collate as much evidence as possible to accompany the statement of truth required for claiming adverse possession.
- You will need to show physical control of the land so appropriate evidence could be:
- Photos (dated, if possible), plans, invoices and receipts.
- Evidence to show the possession is exclusive:
- Including statements of truth from neighbouring landowners, evidence of denying access.
- Evidence of continuous possession:
- Council tax records, utility bills, insurance documents, statutory declarations from neighbours, previous owners and family members.
If you think you may have a claim or are facing a boundary dispute, it is worth getting early legal advice to understand your position. Speak to a specialist today to understand your position and the options available to you.
What Is the Difference Between Registered and Unregistered Land?
Registered land is property that is officially recorded at HM Land Registry, meaning ownership, boundaries, and any mortgages or rights over the land are clearly listed on an electronic central register, making ownership easy to prove and transactions quicker and more secure.
Unregistered land, usually older property, is not recorded at the Land Registry, so ownership is proven by relying on historical paper deeds, which can be lengthy and complex to check, making buying or selling slower and more complicated.
What Are the Risks of Claiming Adverse Possession?
There are risks to claiming adverse possession;
- For registered land, the legal owner is notified of the application. If they object in time, the claim will usually be rejected unless very specific exceptions apply. This means the claimant may get nothing.
- Making a claim alerts the true owner. An application can prompt the owner to take action they might not otherwise have taken, such as demanding the land back, removing fences, or starting possession proceedings.
- There is a risk of losing the land entirely. Once the owner becomes aware of the occupation they may successfully recover possession. The claimant could then be forced to give up the land they have occupied for years.
- The evidence may not be strong enough. Adverse possession requires clear proof of exclusive, continuous use without consent for the full time period. Gaps, shared use, unclear boundaries, or past permission can all cause the claim to fail.
- There can be legal and cost consequences. If the claim is disputed, there may be surveyor’s fees, legal costs, and possibly Tribunal proceedings. These costs can be high compared to the value of the land claimed.
- There is a risk around honesty and statements of truth. The application relies on sworn statements. If facts are exaggerated or inaccurate, this can have serious legal consequences, including contempt of court.
- The claim can damage relationships. Adverse possession often escalates neighbour disputes, turning informal arrangements into hostile legal conflicts that are difficult to resolve.
- The land may be hard to sell or mortgage. Until title is confirmed, lenders will not accept the land as security, and buyers may be put off. A failed claim can also make indemnity insurance unavailable.
Overall, claiming adverse possession is risky because it exposes the situation, can provoke enforcement action and may result in losing both the claim and the land. It is often a last resort rather than the safest solution.
Are There Alternatives to Adverse Possession?
- Buy or transfer the land by agreement. The occupier may be able to strike a deal with the true owner, possibly for a price. This gives a clean, undisputed title and avoids the risk of a failed adverse possession claim.
- Deed of grant or easement. If the need is for access, drainage, parking, or similar rights rather than ownership, a deed of grant or legal easement may be the correct solution.
- Lease, tenancy or licence. Instead of ownership, the occupier may take a lease of the land. This can satisfy practical needs (use, access, storage) without the complexity of acquiring title. The legal owner could grant a licence allowing continued use of the land (for example, a garden strip or access area). This does not give ownership but regularises the position and avoids disputes.
- Indemnity insurance. In some conveyancing cases, title indemnity insurance can be used to protect against the risk of a future claim, where the situation is long standing but not disputed and no one has been alerted.
- Do nothing. Sometimes the best option is simply continued occupation without applying. Applying too early can alert the owner and destroy the possibility of a later successful claim.
In Summary
Adverse possession can offer a legal route to claiming land that you do not own but it is far from straightforward. Strict criteria must be met, including long-term, exclusive use of the land without the owner’s consent, and applications are closely scrutinised by HM Land Registry. The process can be particularly challenging where land is registered, and objections from the legal owner can prevent a claim from succeeding. Understanding your position early and gathering the right evidence is key to improving your chances.
If you believe you may have a claim for adverse possession or you are concerned someone could be claiming land you own, it is important to seek tailored legal advice. Our experienced property team would be happy to help, please contact us on freephone 0800 011 6666 or via email at legal@timms-law.com. If you require further information, please visit our website here.
Frequently Asked Questions
Can I claim land next to my property in the UK?
Yes, but only if you meet the strict requirements for adverse possession, including exclusive use without the owner’s consent for the required time period.
Do I need a solicitor for adverse possession?
You are not legally required to use a solicitor, but professional advice can significantly improve your chances of a successful application.
Can I claim land if I maintain it but don’t fence it?
Possibly, but fencing is strong evidence of possession—without it, proving exclusive control can be more difficult.
What happens if my application is rejected?
If rejected, you will not gain ownership of the land and may need to consider alternative options such as negotiating with the legal owner.
Is adverse possession the same as squatting?
No, squatting is simply occupying land, whereas adverse possession is a legal process to claim ownership after meeting specific criteria.
Can a neighbour claim my land without me knowing?
In registered land cases, the Land Registry will notify you, giving you the opportunity to object before any ownership is transferred.
