Adverse possession, often referred to as “squatter’s rights,” is a legal doctrine that allows an individual to acquire legal ownership of land by occupying it without the owner’s consent for a specified period, provided certain conditions are met. This principle aims to ensure land is used efficiently and that disputes over land ownership are resolved based on long-term usage and occupation.
Legal Framework Governing Adverse Possession
In England and Wales, the rules governing adverse possession differ depending on whether the land is registered or unregistered.
Unregistered Land
For unregistered land, the Limitation Act 1980 applies. An individual can acquire title to land if they have been in continuous possession for 12 years without the owner’s permission. After this period, the original owner’s right to reclaim the land is extinguished.
Registered Land
For registered land, the Land Registration Act 2002 (LRA 2002) introduced a more stringent process:
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Ten Years of Adverse Possession: The applicant must have been in adverse possession of the land for at least 10 years.
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Application to the Land Registry: After 10 years, the squatter can apply to be registered as the new owner.
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Notification to the Registered Owner: The Land Registry notifies the registered owner, who has 65 business days to object.
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Counter-Notice and Exceptions: If the owner objects, the application will be rejected unless one of the following exceptions applies:
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It would be unconscionable for the owner to object (e.g., due to estoppel).
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The applicant is entitled to the land for some other reason.
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The land is adjacent to the applicant’s land, and the boundary has not been determined, with the applicant reasonably believing for at least 10 years that they owned it.
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Further Application After Two Years: If the application is rejected but the owner takes no action to remove the squatter within two years, the squatter can reapply and will be registered as the owner.
Key Requirements for Adverse Possession
To succeed in a claim for adverse possession, the applicant must demonstrate:
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Factual Possession: Physical control over the land, such as fencing, cultivating, or building on it.
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Intention to Possess: An intention to possess the land to the exclusion of others, including the rightful owner.
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Possession Without Consent: Occupation must be without the owner’s permission.
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Continuous Possession: The possession must be continuous for the required period (10 or 12 years, depending on registration status).
Impact of Brown v Ridley [2025] UKSC 7
The Supreme Court’s decision in Brown v Ridley provided clarity on the interpretation of the “reasonable belief” requirement under paragraph 5(4)(c) of Schedule 6 of the LRA 2002.
Case Background
Mr. and Mrs. Ridley occupied a strip of land adjacent to their property, believing it was part of their garden. They enclosed and used the land for several years, eventually building a house on it. In 2019, they applied to be registered as owners based on adverse possession. Mr. Brown, the registered owner, objected, arguing that the Ridleys had not held a reasonable belief of ownership for the entire 10-year period preceding the application.
Supreme Court’s Clarification
The Court held that the “reasonable belief” requirement does not necessitate the belief to be held for the entire 10-year period immediately before the application. Instead, it is sufficient if the applicant had a reasonable belief of ownership for any 10-year period during their possession. This interpretation provides flexibility for applicants who may have had a reasonable belief at some point during their occupation, even if that belief changed later.
Practical Implications
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For Landowners: Regularly inspect and monitor your property boundaries to prevent unauthorized occupation. If you become aware of potential adverse possession, take prompt legal action to assert your rights.
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For Potential Claimants: Ensure you have clear evidence of factual possession and, if relying on the “reasonable belief” exception, document your belief and the reasons supporting it during the relevant period.
Adverse possession remains a complex area of property law, balancing the rights of landowners with those who have occupied land without permission. The Brown v Ridley decision has clarified aspects of the law, particularly concerning the “reasonable belief” requirement, providing guidance for both landowners and claimants. Given the complexities involved, it is advisable to seek legal advice when dealing with potential adverse possession issues. Visit our Property Litigation page for more information on our services or speak to a member of our team by using the form below.
Note: This article is intended for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified solicitor.
