legal
Squatters' rights
Squatters' rights is the popular name for adverse possession: a person who occupies land without the owner's permission for long enough can, in England and Wales, apply to be registered as its owner. Squatting in a residential building is also a criminal offence.
In simple terms
Squatters' rights means adverse possession: after at least 10 years on registered land a squatter can apply to own it. Squatting in a home is a crime.
Example
A strip of garden next to a house has been fenced off and used by a neighbour for more than ten years without the owner's permission. The neighbour applies to HM Land Registry. The owner receives a notice and can serve a counter notice, and the application is rejected unless an exception applies.
If you're buying
HM Land Registry guidance says that under the Land Registration Act 2002 a squatter can apply to be registered after at least 10 years of adverse possession. The squatter must show factual possession, an intention to possess and no consent from the owner. The registered owner then has 65 working days to consent, object or serve a counter notice, and the application is rejected unless one of three exceptions applies: estoppel, another entitlement to the land, or a boundary mistake. If the application is rejected but the squatter stays for a further 2 years, they can reapply, and then they are registered unless they face possession proceedings. GOV.UK says squatting in a residential building is illegal and can mean up to six months in prison, a 5,000 pound fine, or both, and that someone who entered with the landlord's permission, such as a tenant behind on rent, is not a squatter. Buyers should look for signs of occupation on empty or neglected land and ask about boundaries. (Sources read 30 October 2026: HM Land Registry practice guide 4, adverse possession of registered land; GOV.UK squatting law.)
If you're selling
If you own vacant or neglected land or a property, check it regularly and act on any unauthorised use, because the clock can run. Unresolved occupation or boundary disputes can stall a sale and may need an indemnity policy. Tell your solicitor about any fences, sheds or paths on land that is not yours.