Adverse possession: can someone claim part of your land, and can you claim land?

Most homes are registered. The Land Registration Act 2002 changed the rules for registered land, and the Registry's guide summarises them:

• Adverse possession of registered land for 12 years no longer affects the owner's title on its own, as it did before the Act.
• After 10 years' adverse possession, the squatter can apply to be registered as owner in place of the registered owner, using form ADV1.
• The registered owner, and certain other people with an interest in the land, are notified and can oppose the application.
• If the application is not opposed, the squatter is registered as owner.
• If it is opposed, it is rejected unless one of three conditions is met.

The notice allows 65 working days for a reply, and the Registry sends form NAP for the owner to use. A counter-notice must be given on form NAP. If the squatter relies on none of the three conditions, the guide says the application is rejected when a counter-notice arrives.

The three conditions

The Registry's guide lists them:

1. It would be unconscionable, because of an equity by estoppel, for the owner to seek to dispossess the squatter, and the squatter ought to be registered.
2. The squatter is for some other reason entitled to be registered as owner.
3. The squatter has been in adverse possession of land next to their own for at least 10 years under the mistaken but reasonable belief that they own it, the exact line of the boundary has not been determined, and the land was registered more than a year before the application.

A second chance after two years

If the first application is rejected but the squatter stays in adverse possession for a further two years, the guide says they can reapply, subject to certain exceptions, and will then be registered whether or not anyone opposes. It adds that the owner and others notified have at least two years to evict the squatter, start proceedings, or legitimise the occupation, for example with a licence.

An application cannot be made if the squatter is a defendant in possession proceedings, or if a judgment for possession has been given against them in the last two years.

Most homeowners meet this issue through a boundary. The Registry's guide explains that title plans show only the general position of boundaries, so land can be inside a registered title even though it falls outside the red edging on the plan, and the reverse is also possible.

If the person occupying the land in fact has documentary title to it, the guide says an adverse possession claim is not the right route, and the alternative is an application to alter the title plan or plans. Our guide to where your property boundary runs and our boundary tool help you see the indicative position before you take it further.

• Know what you own. Check your title register and plan and walk the boundary. Our title register guide helps.
• Act early if someone is using your land. Permission in writing, such as a licence, means the use is no longer without your consent. A solicitor can advise.
• Do not ignore a letter from HM Land Registry. The deadline for a reply is set in the notice. Form NAP is how you give a counter-notice.
• Keep your contact address on the register current, so notices reach you.

The Registry's guides are written for conveyancers and describe a process with several strict steps, including statements of truth. A claim, or a defence, usually needs legal advice. We cannot say whether a particular claim would succeed.