• Registered Land: An application can be made to the Land Registry after at least 10 years of adverse occupation of the land. To complicate matters a little there are two regimes that affect a claim for possession in registered land depending upon when the period of squatting began:
• If your right to claim possession arose prior to the commencement of the Land Registration Act 2002 (on the 13^thOctober 2003), then you can claim using either the new regime (Land registration Act 2002) or the old regime (Land Registration Act 1925). In other words, if the land had been adversely occupied for 12 years before 13^thOctober 2003 and continues to be squatted on, the Land Registry will, if it is satisfied that the criteria have been met, grant you title.
• However, if you have been squatting on registered land for a period of 10 years that only completed after 13^thOctober 2003 and you continue to occupy it in the same way, then you can only claim under the Land Registration Act 2002. If you make an application for registration under this regime, the Land Registry will notify the ‘paper’ owner, the registered proprietor and he has 2 years to take steps to recover possession.  If he has not at least started to take steps in 2 years, the land Registry will grant you title to the land.
• Unregistered Land: An application can be made to the Land Registry after 12 years of adverse occupation of the land. Provided that the Registry is satisfied that the criteria have been fulfilled, you will be granted ‘possessory’ title, which can be upgraded after a further 12 years to absolute title, the best form of title.

The fee payable to the Registry will depend on the value of the land but for most small parcels of would the fee would be £40 at the moment. For unregistered land an additional inspection and notice fee of about £30 will usually be payable to the Land Registry.  

Adverse possession can be avoided. If you are the true owner of a property you have many options:  

• You can take the adverse possessor to court.
• You can sue for trespass,
• Or have him or her ejected.

In other words, the true owner can take action to enforce their property rights within the 10/12 years. Alternatively, if the owner of the land wishes to avoid these steps, the squatter will be able to remain on the premises as long as they wish and eventually be in possession of it.

If you believe you are entitled to make a claim for adverse possession or are concerned that someone may be squatting on that your property, please do not hesitate to get in contact with us here at GoodyBurrett.

Cate Cussell

Partner and Head of Property Department

Other matters which could relate to adverse possession –

Depending on your circumstances you may need advice for various reasons such as:

• Selling a property
• Buying a property
• Transfer of Equity
• Re-mortgage
• First Registration
• Commercial Property
• Agricultural Property
• Landlord and Tenant