Adverse Possession: Can Someone Really Claim Your Land?

Most property owners are surprised to learn that someone could legally claim ownership of their land simply by using it over time. This legal principle, known as adverse possession, is real, and understanding how it works can help you protect your property and avoid costly disputes.

Jennifer Eaton, Assistant in our Property Litigation department, explains what adverse possession is, how it works, and what property owners can do to safeguard their land.

What Is Adverse Possession?

Adverse possession is a legal principle that allows someone who occupies land they don’t legally own to formally claim ownership through the Land Registry, provided certain conditions are met. In other words, after meeting the legal requirements—such as using the land openly and continuously for a set period—they can submit an application to have the land registered in their name and become its official owner.

Often referred to as “squatters’ rights,” adverse possession can apply in a range of situations, not just to abandoned properties.

For example, if a neighbour has been using part of your garden or driveway for years without permission, they could eventually claim ownership of that land through this legal process.

When Can Adverse Possession Apply?

To successfully claim adverse possession, the person occupying the land must meet all of the following conditions:

• Exclusive possession – They’ve treated the land as their own, excluding all others. This could include fencing the area or installing a locked gate.
• Continuous use – They’ve used the land consistently without interruption for a specific period (10 years for registered land in England and Wales, 12 years for unregistered land).
• Without consent – They did not have permission from the legal land owner.
• Open and obvious use – Their occupation of the land was visible and not secretive.

If these criteria are met, the occupier can apply to the Land Registry to become the legal owner of the land.

How to Protect Your Property

You don’t have to wait for someone to make a claim on your land. Here are some practical steps you can take to protect your property:

1. Know your boundaries – Understand exactly where your property lines lie. A professional boundary survey can be invaluable.
2. Act quickly – If someone is using your land without permission, address it immediately. Speak to them and clearly express your objections, and seek legal advice if necessary.
3. Put it in writing – If you allow someone to use your land, document it. Written agreements prevent disputes over permission.
4. Check your property regularly – Vacant or rarely used land is more vulnerable to claims, so inspect it often.

Defending Against an Adverse Possession Claim

If someone is attempting to claim ownership of your land through adverse possession, it’s essential to act quickly and seek professional legal advice. The process involves the occupier applying to the Land Registry, which will notify you as the legal owner. You have the right to object to the application, and timely, informed action is crucial to protecting your property.

Adverse possession is a complex area of property law, but understanding how it works can help you respond effectively. Whether you’re worried about a neighbour using your land without permission or are simply reviewing your property boundaries, knowing your rights ensures you can make confident, informed decisions to safeguard your interests.

Need Expert Advice?

For expert guidance on adverse possession or help with objecting to a claim, contact Jennifer Eaton and our Property Litigation team on 023 8063 9311 or email enquiries@warnergoodman.co.uk.