Adverse possession is a contentious yet important aspect of property law in England and Wales. It arises when someone occupies land belonging to another person without permission, and over time, seeks to acquire legal title to that land. Understandably, this can cause significant concern for property owners and can lead to disputes between neighbours, family members, or unknown third parties.
At Blackstone Solicitors, we have extensive experience advising landowners, occupiers, and other interested parties on how to respond to or challenge claims of adverse possession through the Land Registry. This article sets out how to deal with such claims, what to do if you receive notice of an application, and the legal procedures involved in protecting your rights.
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For a free initial discussion with a member of our new enquiries team, get in touch with us today. We are experienced in dealing with all aspects of adverse possession and once instructed we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is Adverse Possession?
Adverse possession allows a person who has been in possession of land for a specified period, without the permission of the legal owner, to apply to become the legal proprietor of that land.
The key elements of adverse possession are:
- Factual possession of the land;
- Intention to possess, and;
- Possession that is without the owner’s consent.
Under the current legal framework, there are two regimes depending on whether the land is registered or unregistered.
Dealing with Adverse Possession for Registered Land
Since 13 October 2003, claims to land registered at HM Land Registry are governed by the Land Registration Act 2002. This legislation was designed to offer greater protection to registered proprietors, and to make it more difficult for adverse possessors to succeed without giving the owner a chance to respond.
The standard process involves the following:
- Application by the Possessor
After 10 years of adverse possession of registered land, the person in occupation (the “applicant”) may apply to the Land Registry using Form ADV1. They must submit a statutory declaration or statement of truth detailing their use of the land and confirming that it has been without the consent of the legal owner.
The application will include:
- Evidence of possession (photos, maps, statements, etc.)
- Boundary plans
- Any supporting documentation showing maintenance or exclusion of others
- Notification of the Legal Owner
Once the application is received, HM Land Registry is required to notify:
- The current registered owner;
- Any mortgagee or charge holder;
- Adjoining landowners who may be affected.
This provides a critical window of opportunity for the legal owner to act. The recipient has 65 business days from the date of notification to respond.
How to Respond to a Notice of Adverse Possession
If you are the legal owner and receive notice that someone is claiming adverse possession of your land, time is of the essence. You should take the following steps immediately:
- a) Seek Legal Advice
Contact a solicitor without delay. At Blackstone Solicitors, we will assess the claim and advise you on your options, including whether there are grounds to object and how best to protect your interests.
- b) Submit a Formal Objection
If you do not agree with the adverse possession claim, you can lodge a formal objection with HM Land Registry. This must be done within the 65-business-day window.
If you fail to object in time, the application may be granted, and you could lose your land.
- c) Consider Eviction Proceedings
One way to defeat an adverse possession claim is to demonstrate that you have taken steps to remove the applicant from the land. This might involve serving notice, starting possession proceedings, or otherwise disrupting the period of adverse use.
Taking legal action will usually be sufficient for the Land Registry to reject the application, provided it is done in good time.
Exceptions: When a Claim May Still Succeed
Even if you object, there are three limited exceptions under which an adverse possession claim over registered land may still be successful. These are:
- Unconscionability
It would be unconscionable for the legal owner to dispossess the applicant, perhaps because of a promise or long-standing reliance. - Other Entitlement
The applicant is entitled to the land for some other reason (e.g., a failed transfer that was never registered). - Boundary Mistake
The applicant has mistakenly occupied land adjacent to their own under the belief it belonged to them, and has done so continuously for at least 10 years.
Each of these exceptions involves complex legal principles, and evidence must be robust. At Blackstone Solicitors, we can help you challenge any such claims effectively.
What if the Land is Unregistered?
For unregistered land, the legal regime is different and more favourable to the adverse possessor. Under the Limitation Act 1980, 12 years of continuous adverse possession can extinguish the legal owner’s title, without the need to notify them.
Once that period has passed, the possessor may apply to be registered as the legal owner. At that point, the original owner’s interest is effectively lost.
If you own unregistered land, you are more vulnerable to adverse possession, especially if you are not regularly inspecting or using the land. In such cases, it is advisable to register your land voluntarily, as this offers greater legal protection.
Preventative Measures for Landowners
Whether your land is registered or not, there are practical steps you can take to prevent or defend against adverse possession:
- Regular Inspections
Inspect your land regularly, especially if it is vacant, unused, or remote. Look out for signs of occupation, such as fencing, cultivation, storage, or new structures.
- Erect Notices or Signs
Placing signs on the land indicating ownership and prohibiting trespassing can be helpful in challenging a future claim.
- Grant Permission
If someone is using your land (e.g., a neighbour extending their garden), consider issuing a written licence or agreement. This formally gives them permission and defeats any future claim of adverse possession.
- Register Your Land
If you currently own unregistered land, it is advisable to register your title with HM Land Registry. This gives you the benefit of being notified of any claims and makes it easier to challenge them.
Disputes and Tribunal Proceedings
If an objection to an adverse possession claim cannot be resolved, the matter may be referred to the First-tier Tribunal (Property Chamber). This body has the authority to determine land disputes and may order a hearing if necessary.
Blackstone Solicitors can represent you at all stages of this process—from submitting objections and preparing evidence, to advocacy at tribunal hearings.
How Blackstone Solicitors Can Help
Adverse possession claims can have serious implications for property owners and occupiers alike. Whether you are defending your land from an application or wish to assert a long-standing occupation, professional legal advice is essential.
At Blackstone Solicitors, we offer:
- Detailed advice on your legal position and available options;
- Preparation and submission of objections to HM Land Registry;
- Assistance with tribunal proceedings and enforcement;
- Negotiation and resolution of boundary or possession disputes.
Our team has extensive experience acting for clients across England and Wales in both contentious and non-contentious property matters. We combine legal expertise with practical solutions to protect your rights and resolve disputes efficiently.
Conclusion
Adverse possession at the Land Registry is a legally complex and time-sensitive matter. If you receive notice of a claim, or suspect someone may be preparing to claim land you own, it is vital to act quickly and decisively.
Blackstone Solicitors are here to help. We offer trusted, expert legal advice on all aspects of adverse possession, including registered and unregistered land, applications, objections, and disputes.
Contact our team today for an initial consultation and let us protect your interests with clarity and confidence.
We have a proven track-record of helping clients deal with adverse possession claims. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Deciding when (or whether) to incorporate, what kind of ownership How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of an adverse possession claim. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.
To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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