Adverse possession registered land explained

Adverse possession, commonly referred to as 'squatters' rights', is a complex area of property law in England and Wales. Essentially, adverse possession refers to situations where an individual who is not the registered owner occupies land or property continuously without permission, potentially claiming legal ownership over time. However, adverse possession of registered land is particularly nuanced, guided strictly by the Land Registration Act 2002.

What does adverse possession mean in terms of registered land?

To understand adverse possession clearly, it is important first to distinguish between registered and unregistered land. Registered land refers to property recorded at the Land Registry, holding a registered title clearly identifying its legal owner. This contrasts unregistered land, for which ownership is traditionally determined by possession of title deeds and documents.

Adverse possession involves occupying land owned by someone else without their permission and treating it as your own. For registered land, the rules governing adverse possession claims are specific, governed predominantly by the provisions of the Land Registration Act 2002. These provisions present different challenges for potential claimants than those relating to unregistered land.

Requirements for adverse possession claims on registered land

For anyone looking to claim ownership through adverse possession of registered land, very specific criteria must be met:

• Actual possession: You must physically possess and control the land openly, not secretly or hidden. The occupation must be clear and visible to the public and show exclusive control over the property.
• Intentional possession ("intention to possess"): You must demonstrate a clear intention to possess and treat the land as your own, excluding all others. Simply using the land without an intention to permanently possess it will not qualify.
• Possession without owner’s consent: Your occupation must be unauthorised and without permission from the registered owner. Permission or legal entitlement nullifies the possibility of adverse possession.
• Continuous occupation for a specified period: For registered land, continuous, uninterrupted possession for a period of at least ten years is essential to become eligible to apply for adverse possession. Any interruption may reset this timeline.

How to claim adverse possession over registered land?

If the required ten-year occupation period has passed, you can apply to the Land Registry using Form ADV1, describing clearly how the conditions for adverse possession have been satisfied. It is important that the application is made quickly when you become entitled to make it.  Upon receiving your application, the Land Registry will notify the registered owner or any other interested parties, providing them with the opportunity to object.

If the registered owner objects to your claim, you may have difficulty obtaining title unless you can demonstrate one of the exceptions in the Land Registration Act 2002 applies, such as:

• You reasonably believed you owned the land, perhaps due to a genuine, honest mistake regarding boundaries.
• There is an agreement or promise (usually from the original owner) giving you reason to believe that you had a right to occupy the property.
• Situations involving boundary disputes sometimes called boundary encroachments.

If the registered owner fails to respond or object within the specified timeframe, or their objections are unsuccessful, the claimant may be registered as the new owner of the registered land.

How can registered owners protect themselves from adverse possession?

Registered owners have strong protections against adverse possession, given the Land Registration Act 2002’s preference to uphold the integrity of registered titles. However, property owners should take proactive steps to safeguard their interests clearly:

• Regularly inspect your land and address any encroachments or occupations immediately.
• Clearly mark your boundaries with fencing or signage to prevent unauthorised use.
• Grant formal permissions or licences to third parties using your land, documenting these thoroughly to avoid potential adverse possession claims.
• Update your address and contact details with the Land Registry, so you promptly receive any notifications or notices.
• Register an objection immediately if you receive any notice or indication of an adverse possession claim against your land.

Common questions regarding adverse possession registered land

Below we address frequently asked questions that property owners and claimants regularly encounter concerning adverse possession of registered land:

How long must someone occupy registered land before claiming adverse possession?

The claimant must have continuously occupied, without owner consent, the registered land for at least ten years before applying for adverse possession under the Land Registration Act 2002.

Can an adverse possession claim succeed if the registered owner objects?

An objection by the registered owner will usually defeat a claim unless the claimant can satisfy one of the exceptions outlined in Schedule 6 of the Land Registration Act 2002.

Does adverse possession apply to residential property?

Yes, adverse possession can apply to residential and commercial properties alike, provided an occupier meets all criteria required under the law, including uninterrupted occupation, intention to possess, and exclusivity.

Navigating adverse possession claims successfully

Adverse possession is understandably a concern for registered landowners, but it is not automatic nor straightforward for occupiers to claim ownership under current legislation. Property owners who are vigilant and actively manage their land minimise the risk substantially, while occupiers looking to make a claim face stringent tests and, often, opposition.

If you're facing an adverse possession issue or concern, seeking expert legal advice from specialists experienced in property law is highly recommended to ensure all legal requirements are correctly handled, safeguarding your property interests effectively.