Imagine living on the same piece of land for many years - renovating it, maintaining it and even calling it home - even though you do not legally own it. The land is legally owned by someone else, someone who has simply neglected it for many years.
However unfair it might seem, in property law adverse possession is a principle that allows someone, exactly as described above, to take legal possession of the land they have treated as their own for all those years. In this article, we will discuss adverse possession, explain how it has changed, and provide a brief overview of some of the key requirements involved.
What is Adverse Possession?
Adverse possession allows an individual to gain legal ownership of a property by occupying it, without the original owner’s permission, for an extended period. At the end of the process, the squatter (i.e. the person who is occupying the land despite not having legal title) can be registered at HM Land Registry as the owner of the land. This is despite the squatter not purchasing the land from the true title owner.
The Reforms to Adverse Possession
The Land Registration Act 2002 (LRA), which came into force in October of 2003, restricted the chance of obtaining title through adverse possession (though it is still possible).
Before the reform, HM Land Registry could register anyone who could prove they had occupied the land for 12 years or longer as the legal owner, without the permission of the actual owners. However, the LRA modified this area of the law to give landowners a little more control over their properties than they had previously. For instance, where the squatter is in adverse possession of the land for the relevant period, the true paper title owner is no longer effectively disbarred from pursuing a claim for possession due to limitation.
It is important to note that for unregistered land the “old rules” are still applicable (or registered land where the possession relied on is for a period of at least 12 years ending before 13 October 2003).
What are the requirements for Adverse Possession?
To make a successful claim over a property or land by adverse possession, there are certain standard requirements that must be met, an overview of which are outlined below.
- Factual possession
This depends on the type of land occupied; for example, if it was land adjoining the squatter’s garden, fencing it off would give them a degree of physical control and possession over the area of land that they do not hold legal title to. While fencing off is not the only form of exerting control of the land, it is a clear method. Regardless of the method of control selected, the squatter would need to demonstrate exclusive possession of the land, and the possession must be with the intention to occupy and use the land as one’s own.
- Possession of the land must be adverse
The possession of land or property cannot be with the consent of the landowner, meaning there cannot be any previous agreement in place. A licensee will have an issue claiming adverse possession if they have the licensor’s express permission to use the land in question.
- Continuous and uninterrupted time of possession
The squatter must have resided on or used the land for a continuous and uninterrupted period. If the land is registered with the Land Registry and the period of occupation ended after the 13th of October 2003, the period is 10 years. However, if the land is registered and the period of occupation ends before the 13th of October 2003, or the land is unregistered, then the period is 12 years.
In summary
As a landowner, ignoring adverse possession claims can have serious consequences. Not only is there a risk of losing title to your property, but the process may also incur litigation costs and result in significant time dealing with litigation. Understanding the requirements for adverse possession claims can help landowners safeguard their property rights.
If you own unregistered land, then it is sensible to apply for first registration to make you slightly less vulnerable to a claim from a squatter for adverse possession.
On the other hand, if you are someone who has been occupying a piece of land for years without holding a title to the land, understanding adverse possession could be the key to help you call it yours legally. Adverse possession is a powerful legal tool, but it is also an extremely complex one. If you have any queries relating to adverse possession, please contact a member of our Property Litigation team which has considerable experience in this area, whether it is taking proactive steps to secure your property, or navigating the law to claim the land you occupy.
The materials on this website are provided for general information purposes only, and do not provide definitive advice. They do not amount to legal or other professional advice and so you should not rely on any information contained on this website as if it were such advice.
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The information published across our Knowledge Base is correct at the time of going to press.
